First State Bank v. Westendorf

There was a motion to dismiss this appeal and a resistance, but upon our view of the case it is unnecessary to consider the same.

For the sake of brevity, the First State Bank of Fredericksburg, Iowa, will hereinafter be called “the bank,” and the Northern Lumber Company “the lumber company.”

Very briefly stated, it appears that in August, 1926, one Shaffer executed a certain note to the bank for $7,250.00 and a mortgage on 122 acres of land to secure the payment of the note. In October, 1926, George L. Westendorf purchased the land subject to the mortgage, the possession of the land and the…