Legal Opinion

First National Bank in Fairfield v. Frescoln Farms, Ltd.

Supreme Court of Iowa

Decided October 19, 1988No. 87-750PublishedCited by 19 opinions

1Opinion of the Court

LAVORATO, Justice.

The dispute in this case arose after Merrill R. Frescoln conveyed his unencumbered farmland to a family corporation in return for stock and then gave the stock to two of his three sons. At about the same time these transfers were taking place, Merrill failed to repay an unsecured debt to the First National Bank in Fairfield. The bank obtained a judgment against him, which he was also unable to pay. The issue we must decide is whether the corporate stock can be used to satisfy the judgment against Merrill. The district court said it could, and we agree.

I. Background Facts and…

2Cases cited5 opinions

  1. Regal Insurance Co. v. Summit Guaranty Corp.Supreme Court of Iowa · 1982
  2. McKown v. FurgasonSupreme Court of Iowa · 1878
  3. Wade Farms, Inc. v. City of WeldonSupreme Court of Iowa · 1988
  4. Grimes Savings Bank v. McHargSupreme Court of Iowa · 1937
  5. Commercial Savings Bank v. BalderstonSupreme Court of Iowa · 1935

3Cited by19 opinions

  1. Benson v. RichardsonSupreme Court of Iowa · 1995
  2. Hullett v. CousinArizona Supreme Court · 2003
  3. Prairie Lakes Health Care System, Inc. v. WookeySouth Dakota Supreme Court · 1998
  4. In Re BargfredeCourt of Appeals for the Eighth Circuit · 1997
  5. Webster Industries, Inc. v. Northwood Doors, Inc.District Court, N.D. Iowa · 2004

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