Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

When it appears by the return of the officer or by the affidavit of the plaintiff that any specific property which has been adjudged to belong to one party has been concealed or removed by the other, the court may require the concealer or remover to attend and be examined on oath…

A money judgment rendered under the provisions of this chapter for property exempt from execution shall also be to the same extent exempt from execution, and from all setoff or diminution by any person, which exemption may, at the election of the party in interest, be stated in t…

If the plaintiff alleges in the petition that the plaintiff will lose the property unless process issues on Sunday, the order may be issued and served on that day. [C73, §3227; C97, §4165; C24, 27, 31, 35, 39, § 12179; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.3 ] Ana…

If a third person claims the property or any part thereof, the plaintiff may amend and bring the third person in as a codefendant, or the defendant may obtain the substitution by the proper mode, or the claimant may intervene by the process of intervention. [C51, §1684, 1999; R60…

Upon direction of the court after notice and opportunity for such hearing as it may prescribe, the clerk shall issue a writ under the clerk’s hand, and the seal of the court, directed to the proper officer, requiring the officer to take the property therein described and deliver …

A bond shall be filed with the clerk, and be for the use of any person injured by the proceeding. [C51, §1996; R60, §3554; C73, §3229; C97, §4167; C24, 27, 31, 35, 39, § 12182; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.6 ]

When the plaintiff desires the immediate delivery of the property, the plaintiff shall execute a bond to the defendant, with sureties to be approved by the clerk, in a penalty at least equal to twice the value of the property sought to be taken, conditioned that the plaintiff wil…

If the petition shows that the property has been wrongfully removed into another county from the one in which the action is commenced, the writ may issue from the county whence the property was wrongfully taken, and may be served in any county where it may be found. [C73, §3230; …

When any of the property is removed to another county after the commencement of the action, the officer to whom the writ is issued may follow the same and execute the writ in any county of the state where the property is found. For the purpose of following the property, duplicate…

As used in this chapter , unless the context otherwise requires: 1. “Mercantile establishment” includes any place where merchandise is displayed, held, or offered for sale, either retail or wholesale. 2. “Merchandise” includes any object, ware, good, commodity, or other similar i…

1. An action for recovery of merchandise or the purchase price, damages, and costs may be brought by an owner pursuant to this chapter in any court of competent jurisdiction, including a court of small claims if the claim does not exceed jurisdictional limits. 2. A conviction und…

1. A person who knowingly and without claim of right wrongfully appropriates, takes possession of, or alters the price indicia of merchandise of a mercantile establishment without the consent of the owner and with the intent to convert the merchandise to the person’s own use with…

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 . [R60, §4177; C73, §3245; C97, §4182; C24, 27, 31, 35, 39, § 12230; C46, 50, 54, 58,…

The answer of the defendant, and each if more than one, must set forth what part of the land the defendant claims and what interest the defendant claims therein generally, and if as mere tenant, the name and residence of the landlord. [C51, §2005; R60, §3573; C73, §3252; C97, §41…

When it appears that the defendant is only a tenant, the landlord may be substituted by the service upon the landlord of original notice, or by the landlord’s voluntary appearance, in which case the judgment shall be conclusive against the landlord. [C51, §2003; R60, §3571, 3589;…

When the defendant makes defense it is not necessary to prove the defendant in possession of the premises. [C51, §2007; R60, §3575; C73, §3254; C97, §4191; C24, 27, 31, 35, 39, § 12241; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §646.12 ]

Any person acquiring title to land or any interest therein, after commencement of an action under this chapter to recover the same, shall take subject to notice of and without prejudice to the rights of the parties to such action. [R60, §3578; C73, §3255; C97, §4192; C24, 27, 31,…

The court on motion, and after notice to the opposite party, may for cause shown grant an order allowing the party applying therefor to enter upon the land in controversy and make survey thereof for the purposes of the action. [C51, §2021; R60, §3592; C73, §3256; C97, §4193; C24,…

The order must describe the property, and a copy thereof must be served upon the owner or person having the occupancy and control of the land. [C51, §2022; R60, §3593; C73, §3257; C97, §4194; C24, 27, 31, 35, 39, § 12244; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §646.15 ]…

The verdict may specify the extent and quantity of the plaintiff’s estate and the premises to which the plaintiff is entitled, with reasonable certainty, by metes and bounds and other sufficient description, according to the facts as proved. [R60, §3594; C73, §3258; C97, §4195; C…

A general verdict in favor of the plaintiff, without such specifications, entitles the plaintiff to the quantity of interest or estate in the premises as set forth and described in the petition. [R60, §3595; C73, §3259; C97, §4196; C24, 27, 31, 35, 39, § 12246; C46, 50, 54, 58, 6…

If the interest of the plaintiff expires before the time in which the plaintiff could be put in possession, the plaintiff can obtain a judgment for damages only. [C51, §2010; R60, §3579; C73, §3260; C97, §4197; C24, 27, 31, 35, 39, § 12247; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77…

The plaintiff cannot recover for the use and occupation of the premises for more than five years prior to the commencement of the action. [C51, §2008; R60, §3576; C73, §3261; C97, §4198; C24, 27, 31, 35, 39, § 12248; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §646.19 ]

Any person having a valid subsisting interest in real 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. [C51, §2002; R60, §3569; C73, §3246; C97, §4183; C24, 2…

When the plaintiff is entitled to damages for withholding or using or injuring the plaintiff’s property, the defendant may set off the value of any permanent improvements made thereon to the extent of the damages, unless the defendant prefers to take advantage of the law for the …

In case of wanton aggression on the part of the defendant, the jury may award exemplary damages. [C51, §2024; R60, §3597; C73, §3263; C97, §4200; C24, 27, 31, 35, 39, § 12250; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §646.21 ]

A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrear at the time of suit brought for the recovery of land, and that which may afterward accrue during the continuance of the tenant’s possession. [R60, §3598; C73, §326…

If the defendant avers that the defendant has a crop sowed, planted, or growing on the premises, the jury, finding for the plaintiff, and also finding that fact, shall further find the value of the premises from the date of the trial until the first day of January next succeeding…

When the plaintiff shows that the plaintiff is entitled to the immediate possession of the premises, judgment shall be entered and an execution issued accordingly. [C51, §2009; R60, §3577; C73, §3266; C97, §4203; C24, 27, 31, 35, 39, § 12253; C46, 50, 54, 58, 62, 66, 71, 73, 75, …

The plaintiff may have judgment for the rent or rental value of the premises which accrues after judgment and before delivery of possession, by motion in the court in which the judgment was rendered, ten days’ notice thereof in writing being given, unless judgment is stayed by ap…

The plaintiff must recover on the strength of the plaintiff’s own title. [C51, §2020; R60, §3591; C73, §3247; C97, §4184; C24, 27, 31, 35, 39, § 12232; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §646.3 ]

In an action by a tenant in common or joint tenant of real property against the cotenant, the plaintiff must show, in addition to the plaintiff’s evidence of right, that the defendant either denied the plaintiff’s right, or did some act amounting to such denial. [C51, §2027; R60,…

When the defendant is a nonresident having an agent of record for the property in the state, service may be made upon such agent in the same manner and with the like effect as though made on the principal. [C51, §2004; R60, §3572; C73, §3249; C97, §4186; C24, 27, 31, 35, 39, § 12…

The petition may state generally that the plaintiff is entitled to the possession of the premises, particularly describing them, also the quantity of the plaintiff’s estate and the extent of the plaintiff’s interest therein, and that the defendant unlawfully keeps the plaintiff o…

The plaintiff shall attach to the petition, and the defendant to the answer, if the party claims title, an abstract of the title relied on, showing from and through whom such title was obtained, together with a statement showing the page and book where the same appears of record.…

If such title, or any portion thereof, is not in writing, or does not appear of record, such fact shall be stated in the abstract, and either party shall furnish the adverse party with a copy of any unrecorded conveyance, or furnish a satisfactory reason for not so doing within a…

No written evidence of title shall be introduced on the trial unless it has been sufficiently referred to in such abstract, which, on motion, may be made more specific, or may be amended by the party setting it out. [C73, §3251; C97, §4188; C24, 27, 31, 35, 39, § 12238; C46, 50, …

1. Whenever the public records in the office of any county official in this state have been or shall hereafter be lost or destroyed in any material part, the said county on relation of said public officer or the owner of any real estate affected thereby, may bring an action in re…

1. The petition, notice, and decree in said action to restore any lost or destroyed records, and all proceedings in said suit, so far as the same relate to unknown defendants, shall conform to the statutes of this state applicable to actions against unknown defendants and unknown…

No judgment or decree restoring any lost or destroyed record in such action shall be entered by default, but the court must require proof of the facts alleged in reference thereto and the court shall make such finding of facts and decree as may be sustained by the evidence and ma…

All public records restored as provided by this chapter shall be filed, bound, and indexed the same as original records are required to be, and shall have the same force and effect as the original records before their loss or destruction. [S13, §4227-d; C24, 27, 31, 35, 39, § 122…

Whenever any public record is restored, as provided in this chapter , all court costs and necessary expenses of restoring the same shall be paid by the county to which said records belong, whether said action is commenced or prosecuted by a county official or by the owner of any …

A summary remedy for forcible entry and detainer is allowable: 1. Where the defendant has by force, intimidation, fraud, or stealth entered upon the prior actual possession of another in real property, and detains the same. 2. Where the lessee holds over after the termination of …

When title is put in issue, the cause shall be tried by equitable proceedings. [C97, §4216; C24, 27, 31, 35, 39, § 12276; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.15 ] Referred to in §648.17

Such actions shall be accorded reasonable priority for assignment to assure their prompt disposition. No continuance shall be granted for the purpose of taking testimony in writing. [C97, §4216; C24, 27, 31, 35, 39, § 12277; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.1…

Nothing contained in sections 648.15 and 648.16 shall prevent a party from suing for trespass or from testing the right of property in any other manner. [C51, §2371; R60, §3961; C73, §3620; C97, §4216; C24, 27, 31, 35, 39, § 12278; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…