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EASTERN IDAHO AGR. CREDIT v. NEIBAUR

No. 21530.

944 P.2d 1386 (1997)

130 Idaho 623

EASTERN IDAHO AGRICULTURAL CREDIT ASSOCIATION, a Federally Chartered Corp., Plaintiff-Appellant, v. Ira L. NEIBAUR and Monica D. Neibaur, husband and wife; Darwin P. Neibaur, a single man; June G. Neibaur, a single woman; Darwin P. Neibaur, June G. Neibaur, Steve Neibaur, Burke Neibaur, Ira Neibaur, Renae Hartley, Corinne Jones, and Dana Lee Dorsey, dba Darwin Neibaur Farms, an Idaho General Partnership, Defendants-Respondents, and Valley Bank of Idaho, an Idaho Banking Corporation; John Deere Company, a Division of Deere & Company, a Delaware Corporation; and John Does I-V, Inclusive, Defendants.

Supreme Court of Idaho. Twin Falls, November 1996 Term.

Rehearing Denied August 27, 1997.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for Plaintiff-Appellant. Daniel C. Green argued. Ling, Nielsen & Robinson, Rupert, for Defendants-Respondents Darwin P. Neibaur and June G. Neibaur. Brent T. Robinson argued.

Byington, Holloway, Whipple & Jones, Chtd., Pocatello, for Defendants-Respondents Ira L. Neibaur and Monica D. Neibaur. Kent D. Jensen argued.

Westberg, McCabe & Collins, Boise, for Defendants-Respondents Darwin Neibaur Farms. Paul Larry Westberg argued.

McDEVITT, Justice.

This case involves a complaint to foreclose against security agreements and real estate mortgages that were executed by respondents to serve as collateral for operating loans that were made by appellant Eastern Idaho Agricultural Credit Association (Credit Association) to respondents Ira L. Neibaur and Monica D. Neibaur, husband and wife, on January 18, 1991 and November 25, 1991. The district court granted summary judgment in favor of respondents...

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