NOEL v. NOEL

No. 68557.

334 N.W.2d 146 (1983)

Harvey V. NOEL, Appellant, v. Jerome D. NOEL, Fiduciary of the Estate of Charles E. Noel, Deceased, Appellee.

Supreme Court of Iowa.

May 18, 1983.


Attorney(s) appearing for the Case

Harold C. Lounsberry, Davenport, for appellant.

Martin F. McCarthy of McCarthy & McCarthy, Davenport, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McGIVERIN, LARSON, and SCHULTZ, JJ.


UHLENHOPP, Justice.

This appeal involves the effect on a probate claim of a prior adjudication.

In 1963 claimant Harvey V. Noel, one of five children, leased a farm from his father, Charles E. Noel, under an ordinary one-year, cash-rent written lease which made no mention of repairs or improvements by claimant. The lease was renewed from year to year by operation of section 562.6 of the Iowa Code. During those years claimant made considerable repairs and improvements...

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