ROUSH v. MAHASKA STATE BANK

No. 98-474.

605 N.W.2d 6 (2000)

Shawn Ryan ROUSH, Appellant, v. MAHASKA STATE BANK and David L. Shelquist, Appellees, v. Howard Roush, Third-Party Defendant.

Supreme Court of Iowa.

Rehearing Denied February 11, 2000.


Attorney(s) appearing for the Case

Jerry Wieslander of Frank G. Wieslander, P.C., Altoona, for appellant.

Randall C. Stravers of Pothoven & Stravers, Oskaloosa, for appellee Mahaska State Bank.

H. Raymond Terpstra, II of Terpstra, Terpstra & Epping, Cedar Rapids, and Stanley R. Parker of Parker & Hay, LLP, Topeka, Kansas, for appellee David L. Shelquist.

Considered by LARSON, P.J., and LAVORATO, SNELL, CADY, and HARRIS, JJ.


CADY, Justice.

This is an appeal from a judgment entered on the pleadings. We affirm in part, reverse in part, and remand for further proceedings.

I. Background Facts and Proceedings.

Shawn Roush owned a 1979 General Motors half-ton truck. On May 31, 1995, the Mahaska State Bank took possession of the truck pursuant to a writ of replevin issued by the district court in an action against Howard Roush. The Bank maintained a security interest in the...

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