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THORP CREDIT, INC. v. JOHNSON

No. 2-58601.

257 N.W.2d 498 (1977)

THORP CREDIT, INC., Plaintiff-Appellee, v. Thomas S. JOHNSON et al., Defendants, William F. Ryan and Charlene Ryan, Movants-Appellants.

Supreme Court of Iowa.

August 31, 1977.

Attorney(s) appearing for the Case

William B. Perry, Storm Lake, for appellants, William F. Ryan and Charlene Ryan.

E. Ralph Walker, of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellee, Thorp Credit, Inc.

Heard by MOORE, C. J., and RAWLINGS, LeGRAND, REYNOLDSON, and McCORMICK, JJ.

REYNOLDSON, Justice.

This is the Thorp foreclosure action described in Mauer v. Rohde, et al., 257 N.W.2d 489 (Iowa 1977), filed today. That decision provides the factual backdrop for understanding the posture of the parties in this appeal.

Ryans in this case filed a motion under rule 256, Rules of Civil Procedure. They sought to discharge the Thorp judgment lien against the Mauer homestead (purchased by Ryans at...

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