Legal Opinion

Martin v. Martin

Supreme Court of Iowa

Decided August 18, 2006No. 05-0101PublishedCited by 8 opinions

1Opinion of the Court

CADY, Justice.

This is a partition action in which the plaintiff claims an interest in land as a tenant in common by virtue of a deed from the grantor not joined in by his spouse. The district court concluded the deed was valid and ordered the land to be partitioned by sale. The court of appeals reversed. On our review, we agree with the court of appeals. We reverse the decision of the district court.

I. Background Facts and Proceedings

Robert Martin Jr. (“Bobby”) purchased a forty-acre tract of land in Appanoose County on contract for $12,000 on November 1, 1993. The real estate contract named…

2Cases cited34 opinions

  1. McGee v. AllisonSupreme Court of Iowa · 1895
  2. Tutt v. SmithSupreme Court of Iowa · 1924
  3. Brown v. VonnahmeSupreme Court of Iowa · 1984
  4. Rasmussen v. RasmussenSupreme Court of Iowa · 1961
  5. Jones v. BetzSupreme Court of Iowa · 1926

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3Cited by8 opinions

  1. In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
  2. Russell L. Newhall v. Marcia Elaine Newhall RollSupreme Court of Iowa · 2016
  3. United States v. PapakeeDistrict Court, N.D. Iowa · 2007
  4. Amended March 13, 2017 Russell L. Newhall v. Marcia Elaine Newhall RollSupreme Court of Iowa · 2016
  5. Christina Myers v. Michael J. Myers and Krisanne L. MyersCourt of Appeals of Iowa · 2020

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