WINKEL v. ERPELDING

No. 93-1342.

526 N.W.2d 316 (1995)

Gordon L. WINKEL, Executor of the Estate of A.N. Erpelding, Deceased, Appellant, v. Alphons ERPELDING a/k/a Alphons P. Erpelding, and Vera Erpelding, Appellees.

Supreme Court of Iowa.

January 18, 1995.


Attorney(s) appearing for the Case

P.D. Furlong and Thomas J. Gaul, Sioux City, for appellant.

Todd A. Stowater of Cassel, McMahon, Courtney & Stowater, Algona, and David C. Shinkle, Des Moines, for appellees.

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


NEUMAN, Justice.

This controversy concerns a $210,000 loan made by A.N. Erpelding, now deceased, to his brother, Alphons, with whom he farmed his entire life in Kossuth County, Iowa. The question is whether the debt between the brothers has been discharged, as Alphons claims, or whether, as A.N.'s executor claims, it remains a debt payable to A.N.'s estate. The answer turns on the application of Iowa Code section 554.3605 (1993) to the record before us. Like the district...

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