Guenther v. Kurtz

The prayer of plaintiff in her petition is that the defendant “be ordered to reconvey said premises to the plaintiff.” In brief, the plaintiff asks for the cancellation of the deed in question. There was no prayer for reformation. There was no competent evidence which warrants the finding made by the trial court and embodied in the decree entered, reserving to the grantor a life estate. The plaintiff is entitled to cancellation if she is entitled to anything. We first turn to the facts.

At the time the deed was executed, the appellant, Ida P. Guenther, was a resident of Des Moines, a widow…