MORLING v. SCHMIDT

No. 64133.

299 N.W.2d 480 (1980)

M. W. H. MORLING, Appellant, v. James SCHMIDT, Appellee.

Supreme Court of Iowa.

December 17, 1980.


Attorney(s) appearing for the Case

John D. Brown of Berkland & Brown, Emmetsburg, for appellant.

No appearance for the appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, LARSON and SCHULTZ, JJ.


LeGRAND, Justice.

This is a forcible entry and detainer action brought by plaintiff under the provisions of ch. 648, The Code, to challenge defendant's right to possession under an oral lease. Although finding defendant's possession was unlawful, the trial court held plaintiff had failed to bring his action within thirty days from the date defendant wrongfully entered the premises (§ 648.18, The Code) and dismissed the petition. We reverse and remand for further...

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