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EIACA v. NEIBAUR

No. 24429.

987 P.2d 314 (1999)

133 Idaho 402

EASTERN IDAHO AGRICULTURAL CREDIT ASSOCIATION, a federally chartered corporation, Plaintiff-Appellant, v. Ira L. NEIBAUR; Darwin P. Neibaur; June G. Neibaur, Steve Neibaur, Burke Neibaur, Ira Neibaur, Renea Hartley, Corinne Jones and Dana Lee Dorsey d/b/a Darwin Neibaur Farms, an Idaho general partnership; June G. Neibaur; and Monica (Neibaur) Davis, Defendants-Respondents, and Valley Bank of Idaho, N.A. n/k/a Key Bank of Idaho, an Idaho banking corporation; United States of America acting through Department of Treasury-Internal Revenue Service; Idaho State Tax Commission; Paul Chemical & Fertilizer, Inc.; Credit Bureau of Rupert, Inc.; and Does I through V, inclusive, Defendants.

Supreme Court of Idaho, Twin Falls, March 1999 Term.

September 14, 1999.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Budge & Bailey, Pocatello, for appellant. John B. Ingelstrom argued.

Ling, Nielsen & Robinson, Burley, for respondents June Neibaur and Monica Davis. Brent T. Robinson argued; Westberg, McCabe & Collins, Boise, for respondent Neibaur Farms. Paul Larry Westberg argued.

Jensen & Burr-Jones, Burley, for respondent Ira Neibaur. Kent D. Jensen argued.

SCHROEDER, Justice.

Eastern Idaho Agricultural Credit Association (EIACA) appeals the dismissal of its action on promissory notes executed by Ira and Monica Neibaur in connection with farm loans made by EIACA. The action also sought foreclosure of real estate mortgages executed by Darwin Neibaur Farms, a partnership, securing in part the loans.1 This appeal arises from the second legal action brought by EIACA on its claim. The first action...

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