Daniels V. Fackler

Action to quiet title to certain real estate brought by plaintiff, as guardian, on behalf of his wards, Mary A. Warner and Ross Warner. The real estate is described as the South Half of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 2, Township 85 North, Range 32, West of the Fifth P.M., Greene County, Iowa. The action is to set aside a deed, an escrow, and an agreement between the parties, executed August 10, 1949, under which the defendant Paul Fackler claims an interest adverse to the said Warners. While mental incompetency of the Warners, and inadequate consideration enters into the controversy, the chief claim is that of a breach of a confidential relationship which existed between the Warners and Paul Fackler. The trial court dismissed plaintiff's petition and he appeals.