First Trust and Savings Bank of Moville v. Guthridge

445 N.W.2d 401 (1989)

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First Trust and Savings Bank of Moville v. Guthridge

Iowa Court of Appeals
445 N.W.2d 401 (1989)

SC
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Facts

Bernice Guthridge (defendant) owned a life estate in a farm. Bernice’s son, Larry Guthridge, owned the remainder interest and operated the farm as Bernice’s tenant. In 1983, Larry obtained a loan from the First Trust and Savings Bank of Moville (the bank) (plaintiff) to purchase feed bunks. In exchange, Larry gave the bank a security interest in the feed bunks. Larry attached the feed bunks to the land with steel cables and posts. The feed bunks were large and heavy and formed part of the fence on the property’s boundary. In 1985, Larry transferred his interest in the farm to Bernice by quitclaim deed. The bank filed a replevin action, seeking to recover possession of the feed bunks. Bernice argued that the feed bunks were fixtures that became her property when Larry transferred his interest. The trial court disagreed and issued a writ of replevin in the bank’s favor. Bernice appealed.

Rule of Law

Issue

Holding and Reasoning (Sackett, J.)

Dissent (Donielson, J.)

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