Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lincoln v. Lincoln

Court of Appeals of Iowa

February 21, 2018

LARRY LINCOLN, JOHN LINCOLN, LINCOLN BROTHERS FARMS, Plaintiffs-Appellants,
v.
GERALD LINCOLN and MAXINE LINCOLN, Defendants-Appellees.

         Appeal from the Iowa District Court for Delaware County, Monica L. Ackley, Judge.

         Two brothers appeal from a settlement enforcement order dividing a farm partnership with a third brother.

          Erik W. Fern of Putnam, Fern & Thompson Law Office, P.L.L.C., Decorah, for appellant.

          Michael J. Lanigan of Law Office of Michael Lanigan, Waterloo, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.

          POTTERFIELD, JUDGE.

         John Lincoln and Larry Lincoln ("John and Larry"), appeal from a district court order for enforcement of settlement as to the division of a 160 acre parcel of land. John and Larry, along with their brother Gerald Lincoln and his wife Maxine Lincoln ("Gerald and Maxine"), operated Lincoln Farms Partnership; this action involves the division of that partnership. John and Larry appeal the district court's settlement enforcement order, claiming the court improperly awarded Gerald and Maxine one hundred acres of a 160-acre parcel of land.

         I. Background Facts and Proceedings.

         This dispute arose from the division of a farm partnership following a civil lawsuit between the parties.[1] Here, the parties dispute division of 160 acres of the total farm. The parties mediated the issues and reached a settlement agreement in April 2016. As to the division of the land, the hand-written Memorandum of Settlement states, "All land shall be partitioned as attached hereto." Attached to the Memorandum of Settlement was an aerial photo of land with certain parcels divided and the words, "Land [within] green lines to go to [Gerald] . . . final boundaries to be determined by agreement and survey." John and Larry had a surveyor parcel out ninety acres of the 160 acre parcel; Gerald and Maxine refused to accept those particular ninety acres within the larger parcel, claiming that mediation did not reach a final conclusion on the division of this particular 160-acre parcel and that the ninety acres surveyed do not meet the parties' understanding of the agreement.

         John and Larry filed an application to enforce the settlement agreement in June 2016. In that application, they offered an additional ten acres as an incentive for Gerald and Maxine to accept their surveyor's description and avoid litigation. In their motion to enforce settlement, John and Larry state, "[I]n the spirit of good faith, [John and Larry] will consent to the additional ten acres and provide one hundred acres to Gerald [and Maxine]." Gerald and Maxine resisted the motion to enforce settlement. In response to Gerald and Maxine's resistance, John and Larry revoked their offer, stating, "[I]n the prior application, [John and Larry] in good faith requested to provide one hundred acres to [Gerald and Maxine] in the spirit of compromise; [John and Larry] withdraw said offer and expressly request the Court award ninety acres pursuant to the Memorandum of Settlement."

         The district court, in awarding Gerald one hundred acres in the order on the motion to enforce settlement, discussed its use of settlement negotiations as extrinsic evidence and referenced the offer of an additional ten acres by John and Larry:

If [John and Larry] continue to desire to provide the additional ten acres that they had agreed to to suffice [Gerald] that he would be receiving slightly more acreage than the other two brothers, [the surveyor] shall move the boundary line to accommodate the award of 10 additional acres.

         The court then included in its order that the additional ten acres be awarded to Gerald.[2] John and Larry filed a motion for clarification regarding the ten acres. The court confirmed its award of one hundred acres:

Although the court recognizes that the Plaintiffs may have withdrawn their desire to concede the 10 acres to try to settle the matter before litigation, the Court includes this as part of the negotiations that were entered into with the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.