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WILLOW TREE INVESTMENTS, INC. v. WILHELM

No. 89-2104.

930 F.2d 657 (1991)

WILLOW TREE INVESTMENTS, INC., Appellee, v. Earl F. WILHELM, Marilyn P. Wilhelm, Earl F. Wilhelm and Marilyn P. Wilhelm d/b/a Wilhelm Galaxy Homes, Appellants, Spahn and Rose Lumber Co., Ileen Hoeger, Donald C. Meyer, Richard L. Meyer, James V. Meyer, Kenneth L. Meyer, St. Paul Fire and Marine Insurance Company.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1991.

Attorney(s) appearing for the Case

Diane Kutzko, Cedar Rapids, Iowa, for appellants.

Michael J. Cunningham, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, and BEAM, Circuit Judge, and HANSON, District Judge.

BEAM, Circuit Judge.

In this action for foreclosure of several deeds of trust, Earl and Marilyn Wilhelm appeal from the district court's order of summary judgment in favor of Willow Tree Investments. Because Iowa Code Ann. § 614.21 (West 1950) bars foreclosure of the deed of trust granted by the Wilhelms on their homestead, we reverse in part and remand.

On July 19, 1966, Earl and Marilyn Wilhelm executed a deed of trust covering their homestead to the...

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