HOLMES v. POLK CITY SAV. BANK

No. 62186.

278 N.W.2d 32 (1979)

Richard Leroy HOLMES and Betty J. Holmes, Appellants, v. POLK CITY SAVINGS BANK, Appellee.

Supreme Court of Iowa.

April 25, 1979.


Attorney(s) appearing for the Case

Dennis Lee Ruben, of Scalise, Scism, Gentry, Brick & Brick, Des Moines, for appellants.

H. L. Harrison, of Beving, Swanson & Forrest, Des Moines, for appellee.

Considered en banc.


HARRIS, Justice.

An action to foreclose a real estate mortgage resulted in a default judgment against the mortgagors. More than a year later this action was brought, on the assertion that the original notice in the foreclosure action was fatally defective. Finding there was no fatal defect, the trial court dismissed the petition to vacate. We affirm the trial court.

The caption of the challenged original notice properly identified the trial court, the plaintiff...

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