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BRENTON STATE BANK OF JEFFERSON v. TIFFANY

No. 87-1323.

440 N.W.2d 583 (1989)

BRENTON STATE BANK OF JEFFERSON, Appellee, v. John F. TIFFANY, Donna M. Tiffany, d/b/a Tiffany Farms and d/b/a Diamond Ring Farm Service and d/b/a First Farlin Company, Appellants. BRENTON STATE BANK OF JEFFERSON, Appellee, v. John F. TIFFANY, Donna M. Tiffany, d/b/a Tiffany Farms and d/b/a Diamond Ring Farm Service and d/b/a First Farlin Company, Appellants, Phoenix Mutual Life Insurance Company, Appellee, Kewa Exploration Inc., George E. Mobley, Defendants.

Supreme Court of Iowa.

May 17, 1989.

Attorney(s) appearing for the Case

Scott H. Hughes, Council Bluffs, for appellants Tiffany.

James C. Ellefson of Welp, Harrison, Brennecke & Moore, Marshalltown, for appellee Phoenix Mut. Life Ins. Co.

Michael F. Mumma of Mumma & Pedersen, Jefferson, and Rodney P. Kubat of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellee Brenton State Bank of Jefferson.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO, and NEUMAN, JJ.

SCHULTZ, Justice.

In this appeal, we have consolidated related appeals from two district court actions. One is an appeal of a ruling in a replevin action by a creditor. The debtors appeal from a grant of summary judgment, claiming that the creditor's prior real estate foreclosure action had merged the debt with the judgment, thereby precluding a second action to replevin additional collateral. The other appeal involves the district court order approving, in part,...

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