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MOAD v. NEILL

No. 89-508.

451 N.W.2d 4 (1989)

J.L. MOAD, Plaintiff-Appellee, v. Jerome NEILL, a/k/a Jerome W. Neill, Defendant-Appellant, The Federal Land Bank of Omaha, The United States of America, State Bank and Trust, Farmers Cooperative Company, and Larry Bryceson, Defendants. The FEDERAL LAND BANK OF OMAHA, Cross-Petitioner Third-Party Plaintiff-Appellee, v. Jerome NEILL a/k/a Jerome W. Neill, Cross-Defendant-Appellant, The Federal Land Bank of Omaha, The United States of America, State Bank and Trust, Farmers Cooperative Company, and Larry Bryceson, Cross-Defendants, Sharon Neill, Third-Party Defendant.

Court of Appeals of Iowa.

November 27, 1989.

Attorney(s) appearing for the Case

Richard A. Rowland, Omaha, Neb., and Raymond Pogge of Pogge, Root, Fleming & Tinley, Council Bluffs, for appellant.

Steven H. Krohn of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee Federal Land Bank.

Heard by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

The cross-defendant-appellant, Jerome Neill, as the mortgagor, appeals the decision of the district court which directed the receiver to pay the rents collected during the redemption period to the Federal Land Bank, as mortgagee and purchaser at sheriff's sale, to apply on its deficiency judgment. We affirm.

Factual Background

The cross-defendant-appellant, Jerome Neill, owned certain real estate that included farmland in Harrison...

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