Northwestern Mutual Life Insurance Co. v. Wiemer

On January 6, 1977, Northwestern Mutual Life Insurance Company (Northwestern), the plaintiff, filed a suit to foreclose its mortgage on a 310-acre farm in Marshall County. The farm was held in trust by the Havana National Bank (Havana Bank), as trustee, and Amelia Wiemer as beneficiary. Mrs. Wiemer’s answer, by way of a third-party complaint, sought indemnification from Havana Bank for breach of trust. This latter cause was severed from the foreclosure litigation and is the basis for this appeal. In the third-party action, Mrs. Wiemer, as plaintiff, and Havana Bank, the defendant, filed…