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KIMM v. KIMM

No. 89-1520.

464 N.W.2d 468 (1990)

Earl Dean KIMM, Russell L. Kimm, Kenneth K. Kimm, Dahlene P. Dellamuth, Regina F. Wichmann and Marian R. Paulsen, Plaintiffs, v. Charles Porter KIMM, Appellant/Cross-Appellee, and Harlan C. Kimm, and LaDonna M. Kimm, Appellees/Cross-Appellants, and Mary A. Zuber, General Motors Acceptance Corp., Jim Elwood Implement, Inc., and Gerald R. Pollock d/b/a Pollock Elevators, Appellees.

Court of Appeals of Iowa.

October 23, 1990.

Attorney(s) appearing for the Case

Robert J. Leinen of Elwood, Elwood, Buchanan & Leinen, Marengo, for appellant.

Kenneth F. Dolezal of Dolezal, Miller, Lewis & Garrels, Cedar Rapids, for appellees/cross-appellants.

John M. Titler of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellee Gerald R. Pollock d/b/a Pollock Elevators.

James E. Claypool of Claypool & Claypool, Williamsburg, for defendant Mary Zuber.

Matthew G. Novak and Terry J. Abernathy of Pickens, Barnes & Abernathy, Cedar Rapids, for defendant General Motors Acceptance Corp.

Kenneth R. Martens of Martens Law Office, Marengo, for defendant Jim Elwood.

Considered by HAYDEN, P.J., and SACKETT and HABHAB, JJ.

HAYDEN, Presiding Judge.

In 1973 Porter Kimm, along with Harlan Kimm and his wife, LaDonna, purchased a farm on contract as joint tenants with full right of survivorship and not as tenants in common from Mary Zuber. In February 1977 Harlan and LaDonna quit claimed their interest in the farm to their son, Charles. They also assigned all their interest in the real estate contract with Zuber to Charles. In October 1979 Porter Kimm, the father of Harlan and the other...

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