FIRST STATE BANK, BELMOND v. KALKWARF

No. 91-1140.

495 N.W.2d 708 (1993)

FIRST STATE BANK, BELMOND, Iowa, Appellant, v. Loren E. KALKWARF, Alberta J. Kalkwarff, Alfred Klooster, and Michael D. Barkela, Appellees.

Supreme Court of Iowa.

As Corrected February 26, 1993.


Attorney(s) appearing for the Case

James E. Houser of Houser & Berkland, Belmond, for appellant.

Mark S. Brownlee of Kersten & Carlson, Fort Dodge, for appellees.

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


HARRIS, Justice.

A mortgage foreclosure proceeding became a priority dispute between a bank lender and a judgment creditor of the borrower. The bank appeals and the judgment creditor cross-appeals from the trial court's resolution of the dispute. We affirm on both appeals.

The crucial background facts were carefully detailed by the trial court in its ruling. In the following paragraphs, with minor editorial changes, we adopt those findings as our own.

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