Roush v. Mahaska State Bank

CADY, Justice.

This is an appeal from a judgment entered on the pleadings. We affirm in part, reverse in part, and remand for further proceedings.

I. Background Pacts and Proceedings.

Shawn Roush owned a 1979 General Motors half-ton truck. On May 31, 1995, the Mahaska State Bank took possession of the truck pursuant to a writ of replevin issued by the district court in an action against Howard Roush. The Bank maintained a security interest in the business inventory of Howard, who apparently represented to the Bank that the truck was part of the business inventory. Shawn was not a party to the…