
    Goepinger v. Ringland.
    1. Beal Estate: action at law to Recover: legal title prevails. In an action at law for the recovery of the possession of real estate, where no equitable defense is pleaded, the legal title must prevail.
    
      Appeal from Boone District Court.
    
    Friday, October 19.
    AotioN at law to recover possession of real estate. The defendant pleaded that he was in possession of the premises, and bad been for more than ten years, and that Jobn I. Blair owned tbe real estate in controversy, and sold tbe same to Fuller, to whom a contract was given, whereby Blair agreed to convey to Fuller upon tbe payment of tbe purchase-money; and that Fuller bad assigned tbe contract to defendant. Tbe court directed tbe jury to find for tbe defendant, and plaintiffs appeal.
    _ZF. D. ParMurst, for appellant.
    
      Hull <& Whitalcer, for appellee.
   Seevers, J.

Tbe undisputed evidence shows the plaintiffs to be tbe owners of tbe legal title to tbe real estate in controversy. No equitable defense was pleaded. In an action at law, tbe legal title must prevail, and tbe court erred in directing tbe jury to find for tbe defendant. Page v. Cole, 6 Iowa, 153; Pendergast v. B. & M. R. R. Co., 53 Id., 326.

Tbe court must, we think, have made tbe erroneous ruling because of tbe prominence give on the trial to the question of forfeiture, and whether tbe same bad been waived. ¥e regard these questions as immaterial, in tbe absence of an equitable defense having been pleaded. Tbe defense of tbe statute of limitations is not insisted on in argument.

Reversed.  