Farmers National Bank of Webster City v. Manke

I respectfully dissent.

The majority has reversed the trial court relying on a specious reason. That reason, as stated by the majority, is that “the debt- or’s motives in selling the property” present a genuine issue of material fact. That being so, the majority finds a procedural error, stating that the trial court should not have decided this factual issue in a proceeding under section 639.63 to discharge an attachment.

The majority’s reason and its reliance are specious because the debtor’s motives are not disputed and therefore present no issue of material fact to be decided in a trial. The…