Lindstrom v. Houzenga

Plaintiff, Julie Lindstrom (Lindstrom), appeals from an order of the circuit court of Carroll County granting defendants’ motion for summary judgment. Plaintiffs Lindstrom, Elmer Hans (Lindstrom’s father), and Terry and Ronald Hans (Lindstrom’s brothers), sought a declaratory judgment as to whether certain grain bins and related equipment were fixtures or personalty. Only Lindstrom is pursuing this appeal.

On or about August 15, 1977, Elmer Hans (Elmer) and his wife, Arietta, executed a mortgage on their farm to the Federal Land Bank of St. Louis (Bank). In or about 1986, the Bank foreclosed…