THORP CREDIT, INC. v. GOTT

No. 85-1132.

387 N.W.2d 342 (1986)

THORP CREDIT, INC., Appellee, v. Dorothy M. GOTT and Melvin Gott, Appellants.

Supreme Court of Iowa.

May 21, 1986.


Attorney(s) appearing for the Case

Jerrold Wanek and John E. Landess of Garten & Landess, Des Moines, for appellants.

David D. Dixon of Heslinga, Heslinga & Dixon, Oskaloosa, for appellee.

Considered by UHLENHOPP, P.J., and McGIVERIN, LARSON, SCHULTZ, and CARTER, JJ.


LARSON, Justice.

Defendants Dorothy M. Gott and her son, Melvin, borrowed money from Thorp Credit, Inc. and secured the loan with a mortgage on approximately sixty acres of farmland. The Gotts defaulted, and Thorp Credit began this foreclosure action.

A dispute arose in the pleadings, and in discovery, as to whether Dorothy Gott's home, located on the sixty acres, was to be included in the mortgage. The trial court entered a partial summary judgment, ordering...

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