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WIHLM v. CAMPBELL

No. 15-0011.

906 N.W.2d 185 (2018)

Bernard J. WIHLM and Patricia M. Balek, Appellees, v. Shirley A. CAMPBELL, Individually and as Executor of the Estate of John Joseph Wihlm, and as Trustee of the John Joseph Wihlm Revocable Trust dated April 2, 2012, and Parties in Possession, Appellant.

Supreme Court of Iowa.

Filed January 12, 2018.

Attorney(s) appearing for the Case

Michael G. Byrne of Winston & Byrne, P.C., Mason City, for appellant.

Collin M. Davison of Heiny, McManigal, Duffy, Stambaugh & Anderson, P.L.C., Mason City, for appellees.

The plaintiffs filed actions in two counties requesting several parcels of real estate be partitioned by sale. The defendant in both actions answered, requesting partition in kind. After a trial of the consolidated actions, the district court found the defendant failed to prove a partition in kind would be equitable and practicable, and ordered...

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