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WELSH v. CITIZENS NAT. BANK

No. 87-21.

420 N.W.2d 473 (1988)

Michael V. WELSH, Appellant, v. The CITIZENS NATIONAL BANK OF BOONE-STRATFORD, Boone, Iowa, Appellee.

Supreme Court of Iowa.

March 16, 1988.

Attorney(s) appearing for the Case

John P. Roehrick of Roehrick, Hulting & Moisan, Des Moines, for appellant.

John D. Jordan of Jordan, Mahoney & Jordan, Boone, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.

LARSON, Justice.

Michael V. Welsh mortgaged his 120-acre farm, which included his home, to the Citizens National Bank of Boone-Stratford. The bank foreclosed on its mortgage, and Welsh's land was sold at a sheriff's sale. The sheriff did not, prior to sale, plat a homestead for Welsh, or serve notice on him to do so, as required by Iowa Code section 561.5 (1985). Welsh filed a petition to set aside the sheriff's sale on that ground.

On the bank's summary judgment...

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