Supreme Court of Iowa October 17, 1861 (Oleson v. Hendrickson)

Lowe, C. J.

On the 24th day of March, 1860, the plaint*225iff instituted his summary proceeding against defendant founded upon the first clause of § 2362 of the Code of 1851, alleging that the defendant had, by fraud and stealth, entered upon the premises of the plaintiff (who had the prior actual possession,) and detained the same from him.