Tischmak v. Theurer

Summary

The court upheld the district court’s selected partition plan, concluding that the findings supported awarding Bryan Tischmak the specified portions of Sections 33 and 34 rather than the homeplace. It also upheld correction of the judgment under Rule 60(a), because the award of all of Section 33 conflicted with the adopted referee recommendation. The court modified the accounting judgment to add $2,417.20 for Trust-exclusive expenses paid from income in which Bryan had an interest.