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GARDNER v. GARDNER

No. 89-207.

454 N.W.2d 361 (1990)

Mark Robert GARDNER, Individually; James Lewis Gardner, Individually; Louann Gardner, As Natural Mother and Next Friend of Jacob Mark Gardner, A Minor; James Tyler Gardner, A Minor; the Unborn Children of Mark Robert Gardner; and the Unborn Children of James Lewis Gardner, Appellants, v. Harry Gerald GARDNER, An Individual; and Citizens State Bank, An Iowa Corporation, Appellees.

Supreme Court of Iowa.

April 18, 1990.

Attorney(s) appearing for the Case

Trenton D. Hampton and Dean J. Sitzmann of Steier & Kreikemeier, P.C., Omaha, Neb., for appellants.

Edward D. Hotz and Thomas J. Gibson of Hotz, Kizer & Weaver, P.C., Omaha, Neb., for appellee Harry Gardner.

F.E. Ebersold and Frank W. Pechacek, Jr. of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee Citizens State Bank.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and NEUMAN, JJ.

LARSON, Justice.

Mark and James Gardner (the brothers) conveyed their interest in Pottawattamie County farmland to their brother Harry to be used by him as security for a loan. The loan did not materialize, and the grantors requested that Harry reconvey their remainder interests. When Harry refused, the brothers filed this action to compel the reconveyance. The district court held that evidence of any such oral agreement must be rejected under our statute of frauds...

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