MORRIS v. MORRIS

No. 84-472.

383 N.W.2d 527 (1986)

May MORRIS; Jeannette Morris Acheson a/k/a Jeanette Morris Acheson; Robert C. Acheson; Roberta Morris Cramp and Thomas H. Cramp, Appellees, v. Beverly B. MORRIS, Individually; Estate of Robert D. Morris, Beverly B. Morris, Executor; Diane Jean Langdon; Linda Jayne Crannell; Robert D. Morris II, Appellants.

Supreme Court of Iowa.

March 19, 1986.


Attorney(s) appearing for the Case

Richard A. Bartolomei and Denise S. Lange, Des Moines, for appellants.

Richard G. Blane, II, Des Moines, for appellees.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, CARTER, and WOLLE, JJ.


HARRIS, Justice.

Will partition lie against defendants whose only interest in the real estate is subject to a life estate? The trial court ordered partition in kind, and the court of appeals, with modifications, agreed. We disagree and hold that partition cannot be ordered against such defendants. Other questions relate to defendants' counterclaim, rejected by the trial court, to set aside certain transactions among the plaintiffs. We affirm in part, reverse in part...

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