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Case No. 17-1396

Betty Andrews
v.
Alice Carter, Anthony Carter, Cassius Robinson and Dena Robinson

Appellant

Betty Andrews

Appellee

Alice Carter, Anthony Carter, Cassius Robinson and Dena Robinson

Attorneys for Appellant

David L. Leitner

Attorneys for Appellee

Robert Oberbillig and Brian Shea (law student), for Alice Carter

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1396
Date Published:
Sep 12, 2018
Summary

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (7 pages)

             Betty Andrews appeals the district court decision quieting title to certain real property in Alice Carter.  OPINION HOLDS: We find Ruby Smiley intended for Alice to have present title to the property, without any reservation of control, when she gave Alice a quit claim deed to the property.  We also find Betty has not established the right to establish a constructive trust by clear, convincing, and satisfactory evidence.  We affirm the decision of the district court.

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