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FIRST NAT. BANK IN FAIRFIELD v. DIERS

No. 87-780.

430 N.W.2d 412 (1988)

FIRST NATIONAL BANK IN FAIRFIELD, Appellee, v. Robert H. DIERS, a/k/a Robert Diers; Mary K. Diers, a/k/a Mary Diers, a/k/a Mary Katherine Diers, Appellants, United States of America Farmers Home Administration; The Wayland State Bank; United States of America Small Business Administration; and Lloyd Peterson, Defendants.

Supreme Court of Iowa.

October 19, 1988.

Attorney(s) appearing for the Case

Peter C. Riley of Tom Riley Law Firm, Cedar Rapids, for appellants.

Craig R. Foss of Foss, Kuiken and Gookin, P.C., Fairfield, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

The First National Bank in Fairfield, Iowa (First National) filed a petition for foreclosure in October 1985. On March 10, 1986, a decree of foreclosure was entered against Robert H. Diers and Mary K. Diers. The decree ordered a special execution for the sale of as much of the real estate in question as necessary to satisfy First National's judgment against the Diers. Prior to the sale, the Diers filed a plan of division of land with the sheriff...

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