Charles F. Wennerstrum

The case involved a daughter seeking reformation of a deed to an 80-acre Iowa farm purchased by her parents under contract, claiming a one-third interest based on alleged fraud, accident, or mutual mistake in how title was conveyed to her father and stepmother as joint tenants; she also sought partition of the property. The trial court dismissed the suit without reaching the merits of those claims, holding that it was barred by the statute of limitations and laches. On appeal the Iowa Supreme Court affirmed, reasoning that the recorded deeds provided constructive notice of any potential issues, the limitations period had long run, the plaintiff had failed to show any basis to toll the statute, and her long delay in asserting rights while living nearby constituted laches.

propertyprocedure

The case centered on a dispute over title to land along the Missouri River in Sioux City, Iowa, originally brought by the State of Iowa seeking specific performance of a contract with Dakota County, Nebraska, to convey the tract to the low-water mark; defendants Kerns counterclaimed to quiet title in themselves. The trial court dismissed the State's petition and entered a decree quieting title in the Kerns. On appeal, the Iowa Supreme Court reversed and remanded, holding that the defendants had not sufficiently proven their title on the record presented, particularly where the State claimed sovereign ownership of the river bed up to the high-water mark in trust for navigation and commerce, and that the pleadings and evidence were inadequate to resolve issues such as the river's historical course and any accretions or fill.

propertyprocedure

The case involved a defendant charged with uttering a forged instrument who was convicted after trial and appealed the admission of certain exhibits into evidence. The defendant claimed these items, found on his person during a search at the police station after his arrest, were obtained illegally without a search warrant in violation of his constitutional rights against unreasonable searches and seizures. The court held that after a valid arrest, officers may take evidence from the prisoner, and the search here was proper as part of the authorities' duty to care for the defendant's property while in custody. Citing prior cases, the court concluded no constitutional violation occurred and affirmed the conviction.

criminal lawprocedure

The case involved a defendant convicted in municipal court and then district court for violating a City of Fort Madison ordinance that required official consent, such as a lease or permit, to maintain any structure like a boathouse on the city's Mississippi River waterfront, along with payment of an annual per-foot fee. The defendant appealed, arguing the ordinance was unconstitutional, exceeded the city's authority, delegated police power improperly, and imposed an invalid criminal penalty for nonpayment of rent. The Iowa Supreme Court affirmed the conviction, reasoning that Chapter 384 of the Iowa Code grants dock boards exclusive control over municipal wharf and waterfront property, including leasing authority, and that the ordinance represents a valid exercise of police power for uniform regulation, with fees functioning as a permissible license tax rather than prohibited debt enforcement.

criminal lawpropertybusiness & regulatory

The case involved plaintiff William Cave seeking to reopen the closed estate of Alex Fahan to file a personal injury claim arising from a 1956 car accident in which Fahan's vehicle struck the school bus Cave was driving. Cave alleged that insurance adjusters for Fahan's liability insurer repeatedly assured him they would settle his claim once his injuries were fully assessed, leading him to forgo filing within the statutory period. The estate's administrator opposed reopening, arguing the claim was time-barred under Iowa Code section 635.68 and that no estate representatives had made binding representations. After a hearing, the trial court authorized reopening, and the Iowa Supreme Court affirmed, holding that the adjusters' statements and the insurer's settlements with other parties constituted sufficient 'peculiar circumstances' for equitable relief, that Cave had not been negligent, and that the statute should be liberally construed to allow the claim.

proceduretorts & liability

In Shane v. Russell, the plaintiff sued her husband's former employer for damages from an alleged assault in which the defendant shook his fist at her and made derogatory statements about her character, claiming this caused nervous shock, illness, and minor physical injuries when she fell. A jury awarded the plaintiff $1,000 in compensatory and exemplary damages. On appeal, the defendant argued that the trial court erred by admitting evidence of the husband's work-related injury and hospitalization and that the verdict was excessive due to passion or prejudice. The Iowa Supreme Court affirmed the judgment, ruling that the evidence was cumulative and non-prejudicial since similar testimony had been introduced without objection, and finding no basis to conclude the verdict was improper.

torts & liabilityprocedure