Axtell v. Harbert

— Plaintiff sued defendant for rent on a certain 40-acre tract in Poweshiek County. However, the important issue in the case is a controversy between plaintiff and her brother Donald, intervenor, as to the ownership of the 40-aere tract. Trial court decided in favor of plaintiff. Inter-venor has appealed.

I. Appellant-intervenor raises two alleged errors. 1. That plaintiff failed to establish the essential elements of estoppel. 2. That facts are not present against the intervenor which would constitute waiver.

II. Mr. W. C. Butcher died testate in Poweshiek County December 26, 1940. He was the…