Thorp Credit, Inc. v. Johnson

REYNOLDSON, Justice.

This is the Thorp foreclosure action described in Mauer v. Rohde, et al., 257 N.W.2d 489 (Iowa 1977), filed today. That decision provides the factual backdrop for understanding the posture of the parties in this appeal.

Ryans in this case filed a motion under rule 256, Rules of Civil Procedure. They sought to discharge the Thorp judgment lien against the Mauer homestead (purchased by Ryans at sheriff’s sale following execution and levy on the Wagener judgment) under the provisions of § 615.1, The Code.

Although Ryans were not parties to this action prior to the foreclosure…