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DAVIS v. ROBERTS

No. 95-1451.

563 N.W.2d 16 (1997)

Richard Eugene DAVIS, Plaintiff-Appellant, v. Terry A. ROBERTS and David W. Roberts, Individually and as Executory of the Estate of Marion Delores Roberts, Deceased, Defendants-Appellees.

Court of Appeals of Iowa.

February 26, 1997.

Attorney(s) appearing for the Case

Vern M. Ball of Ball & Lynch, Bloomfield, for Plaintiff-Appellant.

John B. Martin of Martin & Richardson, Bloomfield, for Defendants-Appellees.

Heard by SACKETT, P.J., and CADY and HUITINK, JJ.

HUITINK, Judge.

Richard Davis appeals from an adverse judgment in a declaratory judgment action to establish his survivorship interest in real property owned with deceased co-tenant and resulting entitlement to sale proceeds. We reverse.

I. Background Facts and Proceedings.

This dispute concerns residential real estate in Bloomfield. Cleo Davis owned this property until his death in May 1988. Under the terms of Cleo's will, Richard Davis and...

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