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Case No. 22-0458

Zach Thielen and Tatiana Y. Thielen
v.
Randall E. Anderson and Rebecca S. Anderson

Appellant

Zach Thielen and Tatiana Y. Thielen

Appellee

Randall E. Anderson and Rebecca S. Anderson

Attorney for the Appellant

Jonathan Mailander

Attorney for the Appellee

Blake C. Miller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0458
Date Published:
Jan 25, 2023
Summary

            Appeal from the Iowa District Court for Cass County, James S. Heckerman, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Jean Wolfe deeded Cass County property to Tatiana Anderson, now Thielen, and her father and mother, Randall and Rebecca Anderson, as tenants with full rights of survivorship.  With a desire to sell her interest in the residential real estate, Tatiana and her husband, Zach Thielen, initiated this action when they petitioned for a partition by sale of the property.  Focusing on the equitable interests of the parties in the real estate, the district court dismissed the partition action, directing the Andersons to pursue their action to quiet title.  The Thielens appeal.  OPINION HOLDS: Reformation was not proper because there was no evidence of mutual mistake.  We reverse the district court’s dismissal of the partition action and remand for further proceedings.

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