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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
Attorney for the Appellant
David L. Leitner
Attorney for the Appellee
Robert Oberbillig and Brian Shea (law student), for Alice Carter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
