Heer v. Thola

I respectfully dissent.

I would affirm the district court and the court of appeals. The Heers’ claim arose independent of the trustee’s deed and the statute of limitations under section 614.14(5) does not apply.

Under section 614.14(5), “an adverse claim arising ... by reason of a transfer of an interest in real estate by a trustee” must be brought within a year after the date of the recording of the deed “from which such claim may arise.” I agree with the majority that the claim of boundary by acquiescence falls within the legislative definition of an “adverse claim” under section 614.14(3).…