Gardner v. Gardne

454 N.W.2d 361 (Iowa 1990)

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Nature of the Case

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Facts

Mark and James Gardner (P) were brothers, and they conveyed their interest in farmland to their brother Harry (D) to be used by him as security for a loan. The loan did not materialize, and P requested the land back. D refused and P sued D. D had a two-thirds life estate in the settlement of his father's death. One-third of the estate went to D's mother in fee simple. The remainder in the two-thirds went to D's issue and if he had none to D's siblings. D had no issue. In 1985, D was heavily in debt and got his brothers and sister to give him the remainder interest in the land so D could refinance with the Bank. If the Bank refused, D was to give the interests back. The interests were given to D by a quitclaim deed that did not mention any agreement to reconvey. D's loan was denied, and P requested the interests be returned. The trial court refused to allow evidence of the oral agreement. D prevailed, and P appealed.