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DECORAH STATE BANK v. WANGSNESS

No. 89-238.

452 N.W.2d 438 (1990)

DECORAH STATE BANK, an Iowa Banking Corporation, Appellee, v. Wayne R. WANGSNESS and Cheryl A. Wangsness, Appellants, and Edward Gehling and Florence M. Gehling, Appellees.

Supreme Court of Iowa.

March 21, 1990.

Attorney(s) appearing for the Case

Peter C. Riley and Sara Riley Brown of Tom Riley Law Firm, P.C., Cedar Rapids, for appellants Wayne and Cheryl Wangsness.

Richard D. Zahasky, Decorah, for appellee Decorah State Bank.

W. Richard White of Morrow and White, Waukon, for appellees Edward and Florence M. Gehling.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN and ANDREASEN, JJ.

NEUMAN, Justice.

This declaratory judgment action concerns the consequences flowing from a bank's disregard for a former mortgagor's statutory right to repurchase agricultural land under Iowa Code section 524.910(2) (1989). The trial court determined that a conveyance made in violation of the statute gives rise to an action for damages but not specific performance. On appeal, appellants argue they are entitled to the equitable...

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