PHOENIX MUT. INS. CO. v. GALLOWAY FARMS

No. 85-388.

415 N.W.2d 640 (1987)

PHOENIX MUTUAL INSURANCE COMPANY, INC., Appellee, v. GALLOWAY FARMS, INC., Appellant.

Supreme Court of Iowa.

November 25, 1987.


Attorney(s) appearing for the Case

Marlyn S. Jensen, Osceola, for appellant.

Terry M. Giebelstein, Lane & Waterman, Davenport, for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, LAVORATO, and NEUMAN, JJ.


HARRIS, Presiding Justice.

The trial court granted summary judgment in this action, ordering foreclosure of a farm mortgage. At the time of the challenged ruling the debtor had sought to petition for removal to federal court. The question is whether the removal had been effected, thus depriving the trial court of jurisdiction to proceed. We think it had not, and hence affirm.

Plaintiff Phoenix Mutual Life Insurance Company holds a promissory note and mortgage...

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