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BABB'S, INC. v. BABB

No. 53482.

169 N.W.2d 211 (1969)

BABB'S, INC., Appellants, v. Tom BABB and Bertha Babb, Appellees.

Supreme Court of Iowa.

June 10, 1969.

Attorney(s) appearing for the Case

Bartley, Bartley & Thornton, Iowa City, for appellants.

William L. Meardon, Iowa City, and Edward W. Dailey, Burlington, for appellees.

STUART, Justice.

Plaintiff purchased a business property from defendants on contract. After plaintiff had operated it or several months, defendants took possession without court authority under claim of right by virtue of statutory forfeiture proceedings under chapter 656, Code of Iowa. Plaintiff brought this action in forcible entry to recover possession claiming defendants waived the right to proceed with the forfeiture by accepting payment of some of the delinquencies...

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