Legal Opinion

Bennett v. Johnson

Court of Appeals of Iowa

Decided March 24, 1992No. 91-231PublishedCited by 2 opinions

1Opinion of the Court

SACKETT, Judge.

The issue in this appeal is when the statute of limitations runs on a claim of a remainder person against a life tenant for waste. The trial court found the remainder persons were required to bring the action within five years of the alleged waste and their failure to do so barred their claim. The trial court also rejected the remainder persons’ contention they did not discover the waste until the life tenant’s death. We affirm.

Claimants-appellants Roger L. Bennett and Kimberly Stowell are children of Charlotte Maxine Johnson. In 1958 claimants’ paternal grandparents conveyed…

2Cases cited9 opinions

  1. Beeck v. Aquaslide 'N' Dive Corp.Supreme Court of Iowa · 1984
  2. Franzen v. Deere and Co.Supreme Court of Iowa · 1985
  3. Bottorff v. LewisSupreme Court of Iowa · 1903
  4. Marray v. QuigleySupreme Court of Iowa · 1902
  5. Skelton v. CrossSupreme Court of Iowa · 1936

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hamilton v. Mercantile Bank of Cedar RapidsSupreme Court of Iowa · 2001
  2. Deloitte & Touche v. Weller, Texas Court of Appeals, 7th District (Amarillo)1998

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