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PEOPLES BANK & TRUST CO. v. LALA

No. 84-1564.

392 N.W.2d 179 (1986)

PEOPLES BANK & TRUST COMPANY OF CEDAR RAPIDS, Iowa, Plaintiff-Appellee, v. Leo A. LALA, Jr., Donna D. Lala, Kellie Jo Lala, and Jay Albert Lala, Defendants-Appellants.

Court of Appeals of Iowa.

As Corrected August 6, 1986.

Attorney(s) appearing for the Case

Keith E. Uhl of Scalise, Scism, Sandre & Uhl, Des Moines, for defendants-appellants.

James F. Pickens of Pickens, Barnes & Abernathy, Cedar Rapids, for plaintiff-appellee.

Heard by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ.

SACKETT, Judge.

Defendants Leo Lala, Donna Lala, Kellie Lala and Jay Lala appeal from judgment for Plaintiff Peoples Bank and Trust Company in a mortgage foreclosure action. Defendants contend: (1) recovery from defendants as guarantors was barred when the underlying debt was not plead by Peoples Bank; (2) the evidence was sufficient to establish supersession, release and/or discharge of the mortgage instruments; (3) evidence was sufficient to establish that a release...

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