GRISWOLD STATE BANK v. MILNE

No. 86-1066.

416 N.W.2d 109 (1987)

GRISWOLD STATE BANK, A State Banking Corporation, Plaintiff-Appellant, v. Gerald A. MILNE and Belma B. Milne, Defendants-Appellees, Robert Peck and Celeste Peck, Defendants.

Court of Appeals of Iowa.

September 30, 1987.


Attorney(s) appearing for the Case

John M. Burns of Schmid, Ford, Mooney & Frederick, P.C., Omaha, Neb., for plaintiff-appellant.

James R. Van Dyke of Van Dyke & Werden, Carroll, for defendants-appellees.

Considered by OXBERGER, C.J., and SNELL and HAYDEN, JJ.


HAYDEN, Judge.

Plaintiff, Griswold State Bank (Bank), appeals trial court's ruling declaring null and void two mortgages sought to be foreclosed against defendants, Gerald and Belma Milne, and the notes allegedly secured by those mortgages. On appeal, the Bank asserts the decision of trial court was not supported by sufficient evidence and that the Milnes failed to sustain their burden of proof on their claim of fraudulent misrepresentation. We reverse and remand...

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