646.1 Ordinary proceedings — joinder — counterclaim. 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, […]
646.10 Answer. 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, §4189; C24, 27, 31, […]
646.11 Landlord substituted. 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; C73, §3253; C97, §4190; C24, 27, […]
646.12 Possession. 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]
646.13 Purchase pending suit. 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, 35, 39, […]
646.14 Order to enter and survey. 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, […]
646.15 Service. 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]
646.16 Verdict — special. 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; C24, 27, 31, 35, 39, §12245; C46, […]
646.17 General verdict. 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, 62, 66, 71, 73, […]
646.18 Judgment for damages. 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, […]
646.19 Use and occupation. 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]
646.2 Parties. 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, 27, 31, 35, 39, §12231; C46, 50, […]
646.20 Improvements set off. 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 benefit of occupying claimants. […]
646.21 Wanton aggression. 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]
646.22 Tenant — extent of liability. 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, […]
646.23 Growing crops — bond. 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, […]
646.24 Writ of possession. 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, 77, 79, 81, […]
646.25 Judgment for rent accruing. 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 appeal and bond […]
646.3 Title. 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]
646.4 Tenant in common. 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, §3605; C73, §3248; […]
