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N. W. NAT. BK. OF SIOUX CITY v. VERSCHOOR

No. 2-56885.

230 N.W.2d 505 (1975)

NORTHWESTERN NATIONAL BANK OF SIOUX CITY, Appellee, v. William E. VERSCHOOR, Jr., et al., Appellants.

Supreme Court of Iowa.

June 25, 1975.

Attorney(s) appearing for the Case

P. D. Furlong, Sioux City, for appellants.

Dewie J. Gaul, of Jacobs, Gaul, Nymann & Green, Sioux City, for appellee.

Heard before MOORE, C. J., and MASON, REES, HARRIS and McCORMICK, JJ.

HARRIS, Justice.

This is an action for mortgage foreclosure in which the dispute is factual. The main disputed issue is on the affirmative defense of failure of consideration. The trial court held the mortgagors failed to prove this affirmative defense and we agree.

William E. Verschoor, Jr. and Joan P. Verschoor (defendants) owned a resident dwelling in Sioux City. On April 25, 1970 this property was subject to a $17,000 mortgage to plaintiff, Northwestern...

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