WELLMAN SAV. BANK v. ROTH

No. 87-1039.

432 N.W.2d 697 (1988)

WELLMAN SAVINGS BANK, Trustee of Wellman Savings Bank Profit-Sharing Trust, Plaintiff-Appellee, v. Merton D. ROTH and Virginia Roth, Defendants-Appellants. Wellman Manufacturing & Engineering Co., Inc.; Jeff Hansen d/b/a Modern Hog Concepts, Inc., successor in interest to Modern Hog Concepts; Yoder, Inc.; Amoco Oil Company; Bloom, Inc.; Home Gas, Inc.; English River Pellets, Inc.; Sprayer Specialties, Inc.; Prairie Farm Supply Company; Kalona Sale Barn, Inc.; Bryce Pauls, Defendants.

Court of Appeals of Iowa.

September 28, 1988.


Attorney(s) appearing for the Case

Jay T. Schweitzer and Timothy Wink of Perry & Schweitzer, Columbus Junction, for defendants-appellants.

William S. Vernon and Steven P. Greiner of Moyer & Bergman, Cedar Rapids, for plaintiff-appellee.

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


OXBERGER, Chief Judge.

The defendants, Merton and Virginia Roth, appeal from a district court order appointing a receiver over their farm property and requiring the Roths to pay rent on their homestead to the receiver. The defendants contend that the district court erred in appointing the receiver and requiring rent prior to the conclusion of the bank's foreclosure action and possible sheriff's sale. Defendants also assert that the appointment of a receiver prior...

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