Simultaneously Bert Rouse, the father, commenced a mortgage foreclosure action, cause No. The same day Eldon Rouse prevented delivery of the property by barricading his farm lane. January 15, 1968, the personalty described above, included in the security transactions, supra, was sold for $6800 at sheriff's sale to the elevator company. The property levied upon consisted of: "36 Hol. This time the elevator company elected to proceed and, on notice, filed an indemnifying bond. ![]() Thirteen days later a release demand was given. Though not released on demand, they were later returned unsatisfied.ĭecember 1, 1967, a third execution issued. The judgment creditor caused three executions to issue, the first June 13, the second October 10, 1967. These instruments, recorded June 12, 1967, served to secure payment of $15,000 to Bert and $4000 to Alvin Rouse, they being Eldon's father and brother, respectively. June 10, 1967, those judgment debtors executed promissory notes, security agreements, and financing statements apparently encumbering all personalty owned by them. May 26, 1967, Farmers Cooperative Elevator Company of Ruthven, Iowa, obtained judgment for $9,927.58, in cause No. Judgment debtors, and their security holding relatives, appeal from trial court's decree overruling their objections to appointed receiver's report, and according priority to a judgment creditor's lien. ![]() Linnan, Lynch & Straub, Algona, for appellants Eldon and Daisy Rouse.įitzgibbons Bros., Estherville, for appellee.Ĭornwall, Avery & Berg, Spencer, for intervenor-appellant. Smith and Hanson & Bormann, Emmetsburg, for appellant Bert Rouse. Miller, Sheriff of Palo Alto County, Iowa, Defendant,Īlvin Rouse, Intervenor-Appellant. 174 N.W.2d 660 (1970) Bert ROUSE, Plaintiff-Appellant,Įldon ROUSE & Daisy Rouse, Defendants-Appellants,įarmers Cooperative Elevator Company of Ruthven, Iowa, Defendant-Appellee,
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