First National Bank v. Witte

This controversy involves the rents on certain Cedar county real estate for the years 1930 and 1931. The plaintiff-appellee, the First National Bank, of Gladbrook, Iowa, claims the rent under its mortgage on the land; while the defendant-appellant Henry Hein, trustee, demands the rent because of a certain trust deed wherein he was appointed trustee.

On May 8, 1930, the appellee commenced an action in the Cedar county district court to foreclose its aforesaid mortgage for the principal sum of $13,300, plus interest. When so doing, the appellee made the following persons and institutions…