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GAUMER v. HARTFORD-CARLISLE SAV. BANK

No. 88-1136.

451 N.W.2d 497 (1990)

Martha Ellen GAUMER, Appellee, v. HARTFORD-CARLISLE SAVINGS BANK, Appellant, and Jimmie W. Wiley, Appellee, and Louise Wiley n/k/a Louise Titchbourne, Defendant.

Supreme Court of Iowa.

February 21, 1990.

Attorney(s) appearing for the Case

Robert M. Benton of Schooler, Stuyvesant & Benton, Carlisle, for appellant.

Stephen A. Hall of Hall & Schlenker, Indianola, for appellee Martha Ellen Gaumer.

Richard B. Clogg of Elgin, Clogg & Patin, Indianola, for appellee Jimmie W. Wiley.

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

McGIVERIN, Chief Justice.

This appeal involves a dispute as to the sufficiency of an amount tendered by a junior encumbrancer to a senior encumbrancer under Iowa Code section 654.8 (1987). The district court ruled that the amount tendered was insufficient. We agree and affirm.

The case was tried in equity. The facts are not disputed. Our review is de novo. Iowa R.App.P. 4.

I. Background facts and proceedings. Martha Ellen Gaumer and her late...

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