Heishman v. Heishman

DONIELSON, Judge.

Defendant appeals from a summary judgment for the plaintiff in an action for recovery of real estate pursuant to Iowa Code chapter 646. She asserts that genuine issues of material fact were raised through her affirmative defenses and a jury trial on those issues should be held. We affirm.

Maynard and Mavis Heishman were divorced in July 1982. The dissolution decree was entered by default and Maynard was awarded the parties’ 80-acre farm, including the homestead. Despite the provisions in the decree, Mavis continued to reside on the property. Maynard farmed the land and for…