MIDLAND SAV. BANK FSB v. STEWART GROUP, LC

No. 94-825.

533 N.W.2d 191 (1995)

MIDLAND SAVINGS BANK FSB, Appellee, v. The STEWART GROUP, LC, Randy A. Buns, and Linda C. Buns, Rhiner Plumbing Co., Inc., Hibbs Excavation & Grading, Hallett Materials, Defendants, and Des Moines Cashway Lumber Co., Appellant.

Supreme Court of Iowa.

Rehearing Denied June 21, 1995.


Attorney(s) appearing for the Case

Dick L. Jensen of Dreher, Simpson & Jensen, P.C., Des Moines, for appellant.

Thomas L. Flynn and Margaret C. Callahan of Belin, Harris, Lamson & McCormick, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.


ANDREASEN, Justice.

Midland Savings Bank FSB (Midland) brought a mortgage foreclosure action against The Stewart Group, LC (Stewart), mortgagor, and several mechanic's lien claimants, including Des Moines Cashway Lumber Co. (Des Moines Lumber). The issue presented in this appeal is the priority and extent of priority, if any, of Midland's mortgages over Des Moines Lumber's mechanics' liens.

The district court granted...

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