FEDERAL LAND BANK OF OMAHA v. EMBERTON

No. 89-1175.

460 N.W.2d 488 (1990)

The FEDERAL LAND BANK OF OMAHA, a Corporation, Plaintiff, v. Dale L. EMBERTON and Marcia Ann Emberton, Husband and Wife; Clarinda Production Credit Association, n/k/a Production Credit Association of the Midlands; Iowa State Bank, an Iowa Corporation; Clifton Cattle Company, Inc., a Texas Corporation; Whitehall Gas & Oil Company, Inc., d/b/a Hamburg Oil Co.; Wayne Bailey, d/b/a Bailey Oil Co.; and United States of America, Treasury Department, Internal Revenue Service, an Agency of the United States Government, Defendants. CLARINDA PRODUCTION CREDIT ASSOCIATION, n/k/a Production Credit Association of the Midlands, Cross-Claimant/Appellee, v. Dale L. EMBERTON and Marcia Ann Emberton, Husband and Wife; Valley National Bank, an Iowa Corporation; Iowa State Bank, an Iowa Corporation, Defendants to Cross-Claim, and Clifton Cattle Company, Inc., a Texas Corporation, Defendant to Cross-Claim/Appellant, and Whitehall Gas & Oil Company, Inc., d/b/a Hamburg Oil Co.; Wayne Bailey, d/b/a Bailey Oil; and United States of America, Treasury Department, Internal Revenue Service, an Agency of the United States Government, Defendants to Cross-Claim. CLARINDA PRODUCTION CREDIT ASSOCIATION, n/k/a Production Credit Association of the Midlands, Cross-Petitioner, v. Arnold EMBERTON and Terri Emberton, Defendants to Cross-Petition. IOWA STATE BANK, an Iowa Corporation, Cross-Claimant, v. Dale L. EMBERTON and Marcia Ann Emberton, Husband and Wife; Clarinda Production Credit Association, n/k/a Production Credit Association of the Midlands, and Clifton Cattle Company, Inc., a Texas Corporation, Defendants to Cross-Claim. IOWA STATE BANK, an Iowa Corporation, Cross-Petitioner, v. Arnold EMBERTON and Terri Emberton, Defendants to Cross-Petition.

Court of Appeals of Iowa.

July 26, 1990.


Attorney(s) appearing for the Case

Michael G. Helms, Omaha, Nebraska, and Donald G. Furlow of Schmid, Money & Frederick, P.C., Omaha, Neb., for appellant.

W. Curtis Hewett and Steven H. Krohn of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee.

Heard by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.


DONIELSON, Judge.

Dale Emberton is a farmer, engaged in a livestock operation, and a long time borrower from the Production Credit Association (PCA). By 1983, Emberton was unable to keep his loans with the PCA current.

In August or September 1983, Emberton contacted the PCA about borrowing additional funds in order to purchase cattle and hopefully generate some profit on their later sale in order to reduce his indebtedness with the PCA. Eventually, an agreement...

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