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:
Date Published:
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.
