Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1396

For summaries from opinions prior to August, 2018, view PDF versions here

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


Betty Andrews


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:
Sep 12, 2018

           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.

© 2024 Iowa Judicial Branch. All Rights Reserved.