241 N.W. 406 | Iowa | 1932
This case was before this Court under the *1321
title of Hinman v. Sage,
Section 12255 is in Chapter 517, entitled "Recovery of Real Property," which provides that "actions for the recovery of real property shall be by ordinary proceedings, and there shall be no joinder and no counterclaim therein, except of like proceedings, and as provided in this chapter" (Section 12230); that "any person having a valid subsisting interest in real *1322
property, and a right to the immediate possession thereof, may recover the same by action against any person acting as owner, landlord, or tenant of the property claimed" (Section 12231); that "the petition may state generally that the plaintiff is entitled to the possession of the premises, particularly describing them, also the quantity of his estate and the extent of his interest therein, and that the defendant unlawfully keeps him out of possession * * *" (Section 12235); that "the plaintiff shall attach to his petition, and the defendant to his answer, if he claims title, an abstract of the title relied on * * *" (Section 12236); that "no written evidence of title shall be introduced on the trial unless it has been sufficiently referred to in such abstract * * *" (Section 12238); that "when the plaintiff shows himself entitled to the immediate possession of the premises, judgment shall be entered and an execution issued accordingly" (Section 12253); that "in the cases provided for by this chapter the court, in its discretion, may grant a new trial on the application of any party thereto, or those claiming under a party, made at any time within one year after the former trial, although the grounds required for a new trial in other cases are not shown" (Section 12255). This section is limited in terms to "cases provided for by this chapter." The chapter and these sections are the same as in the legislative enactment thereof as found in Chapter 2, Title 21 (Sections 4182 to 4207), Code, 1897, entitled "Of Actions for the Recovery of Real Property." The actions there provided for are those commonly known as "actions of right" or "ejectment." As will be seen by the report of the case on the former hearing in this Court (
Tilton v. Bader,
Other questions, such as that whether the application was made in time (see Bevering v. Smith,
WAGNER, C.J., and EVANS, KINDIG, and GRIMM, JJ., concur.