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GARTON v. GARTON

No. 93-1940.

533 N.W.2d 828 (1995)

Cynthia GARTON, Appellant, v. Gilbert GARTON, Executor of the Estate of George R. Garton; Richard C. Garton; Security Bank of Kansas City; George R. Haydon, Jr., Personal Representative of the Estate of Edwin C. Borserine, Deceased, Appellees, and Alice Cockrell, Appellant.

Supreme Court of Iowa.

June 21, 1995.

Attorney(s) appearing for the Case

Carlton G. Salmons of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for appellant Cynthia Garton.

Steven C. Jayne, Des Moines, for appellant Alice Cockrell.

Thomas M. Cunningham of Shearer, Templer, Pingel & Kaplan, P.C., West Des Moines, for appellee George R. Haydon, Jr.

James D. Meyer of the Meyer Law Firm, Chariton, for appellee Gilbert Garton.

John E. Orell, Jr., and Hugh J. Cain of Hopkins & Huebner, P.C., Des Moines, for appellee Security Bank.

Richard C. Garton, pro se, Pittsburg, Kansas.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

NEUMAN, Justice.

This is a dispute among creditors over their right to claim some portion of defendant Richard Garton's inheritance. Plaintiff Cynthia Garton, Richard's former wife, petitioned for a creditor's bill lien to enforce her judgment for unpaid spousal and child support. Ruling by way of summary judgment, the district court found that Cynthia's lien against Richard's beneficial interest was inferior to claims already established in the proceeds by Richard...

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