LITCHFIELD V. RAILROAD COMPANY, 74 U. S. 270 (1868)

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U.S. Supreme Court

Litchfield v. Railroad Company, 74 U.S. 7 Wall. 270 270 (1868)

Litchfield v. Railroad Company

74 U.S. (7 Wall.) 270

Syllabus

Where in an action (under the laws of Iowa) to recover land -- the plaintiff averring that he claims and is entitled to the land, the defendant denying such right of possession but setting up no title in himself -- there has been a reversal in this Court and it mandate "to enter judgment for the defendant below," an entry by the court below that the defendant "hath right to the lands claimed in the declaration" is erroneous. The judgment should have been that the plaintiff hath no title. Reversal and mandate accordingly.