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KLEINSMITH v. NORTHWEST BANK AND TRUST

No. 90-1857.

477 N.W.2d 388 (1991)

Robert G. KLEINSMITH, Appellee, v. NORTHWEST BANK AND TRUST COMPANY, An Iowa Banking Corporation, Appellant, and Gary A. Vanpelt and Carolyn Vanpelt, Defendants.

Supreme Court of Iowa.

Rehearing Denied December 30, 1991.

Attorney(s) appearing for the Case

John T. Flynn of Brubaker, Flynn & Darland, P.C., Davenport, and Jonathan J. Slavens of Northwest Bank and Trust Co., Davenport, for appellant.

Gary M. Lane of Wehr, Berger, Lane & Stevens, Davenport, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and SNELL, JJ.

LARSON, Justice.

In Robert and Ella Kleinsmith's 1983 dissolution decree, the family home was granted to Ella, who was required to pay the balance owed on it under a real estate contract. The decree also provided for a "loan" by Robert to Ella of $350 per month for two years with provisions for repayment by Ella. No lien was provided to secure this loan.

In a later order, the court modified the original custody and child support provisions, pursuant to a stipulation...

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