DeJong v. Munson
Mary De Jong, f/k/a Mary Kron, Plaintiff-Appellant,
vs.
Brenda Munson, Defendant-Appellee,
Wells Fargo Bank, N.A. and Unifund CCR, LLC, Defendants.
Attorney for Appellant
Haley R. Van Loon, Brent D. Kahler, and Thomas D. Story
Attorney for Appellee
David A. Tank
Manuel A. Cornell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., Ahlers, J., and Blane, S.J. Opinion by Blane, S.J. (16 pages)
One sister, Mary De Jong, as a tenant in common with her sister, Brenda Munson, petitioned for partition of property that was Munson’s home. The district court found that equity prevented De Jong from pursuing the partition action. OPINION HOLDS: De Jong as a tenant in common and having paid for repairs to the property as well as mortgage payments, has an interest in the property sufficient to seek partition. And because no equitable consideration justifies curtailing De Jong’s right to partition, we reverse the district court’s ruling and remand for further proceedings.
