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BRIDGMAN v. CURRY

No. 85-1730.

398 N.W.2d 167 (1986)

Thomas J. BRIDGMAN and Ann L. Bridgman, Husband and Wife, Appellants, v. John W. CURRY and Edna T. Curry, Husband and Wife, Defendants, Dan D. Stevens and Marjorie A. Stevens, Husband and Wife, Donald E. Fike and Marie T. Fike, Husband and Wife, Richard A. Greene and Dale Greene, Husband and Wife; Michael Bibo and Patricia Bibo, Husband and Wife, Appellees, and First National Bank, Burlington, Iowa, Big Three Farm Bureau Service Co., and Kaiser Agricultural Chemicals, Defendants.

Supreme Court of Iowa.

Rehearing Denied December 15, 1986.

Attorney(s) appearing for the Case

D.W. Harris, Bloomfield, and Emil Trott, Jr. of Barrett & Trott, Des Moines, for appellants.

Stephen A. Richardson and Vern M. Ball, Bloomfield, for appellees Stevens, Fike, Greene and Bibo.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, SCHULTZ and WOLLE, JJ.

WOLLE, Justice.

The plaintiffs Thomas and Ann Bridgman challenge the post-trial dismissal of their petition for foreclosure of a real estate contract. Because we find that the evidence and applicable law fully warranted entry of a decree of foreclosure, not dismissal of the plaintiffs' action, we reverse the decision of the trial court and remand the case with directions.

We review de novo this foreclosure proceeding which was filed and tried in equity.

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