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MILLER v. EVEREST

No. 260.

212 N.W.2d 522 (1973)

Patricia Ann Kenney MILLER, Executor of the Estate of Bernard E. Kenney, Deceased, Appellant, v. Charles B. EVEREST, Individually and as Receiver in Council Bluffs Savings Bank v. McCART, et al., Equity No. 39890, District Court of Iowa for Pottawattamie County, et al., Appellees.

Supreme Court of Iowa.

November 14, 1973.

Attorney(s) appearing for the Case

Porter, Heithoff, Pratt & Reilly, Council Bluffs, for appellant.

Johnson, Stuart, Tinley, Peters & Thorn and G. William Smits, Council Bluffs, for appellees.

Heard before MOORE, C. J., and MASON, RAWLINGS, UHLENHOPP, and McCORMICK, JJ.

UHLENHOPP, Justice.

This appeal involves the effect of termination of a receivership upon a tort claim.

Patricia Ann Kenney Miller, Executor of the Estate of Bernard E. Kenney, claims the facts to be these. Robert W. Randall owned a business building and the adjoining parking area in Council Bluffs, Iowa. Council Bluffs Savings Bank, which held a mortgage on the property, commenced suit to foreclose the mortgage, obtained a decree of foreclosure, bid in the...

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