State Bank of Pennock v. Schwenk

OPINION

WOZNIAK, Judge.

Pennock State Bank brought an action for foreclosure by action of respondent Philip Schwenk’s mortgage and also to determine the priority and validity of other liens attached to the property. The trial court stayed foreclosure of Philip Schwenk’s mortgage and held respondent Marion Schwenk’s lien, acquired by dissolution judgment, prior to Pennock State Bank’s mortgage lien. We reverse.

FACTS

Philip and Marion Schwenk were married on January 12,1952. They resided in Swift County, farming and operating an aerial spraying business.

In 1980, Marion Schwenk commenced a…