The Security National Bank of Sioux City, Iowa, as the duly appointed Personal Representative of the Estate of Roger E. Rand
v.
Frank H. Welte II, Diane Welte, Matthew Welte, Welte Flats Farms, Inc., BJM, Inc., Western Slopes Farms, Valley Flats Farms, Inc. and Donald Molstad
Appellant
The Security National Bank of Sioux City, Iowa, as the duly appointed Personal Representative of the Estate of Roger E. Rand
Appellee
Frank H. Welte II, Diane Welte, Matthew Welte, Welte Flats Farms, Inc., BJM, Inc., Western Slopes Farms, Valley Flats Farms, Inc. and Donald Molstad
Attorney for the Appellant
Daniel L. Hartnett and Marci L. Iseminger
Attorney for the Appellee
Lance D. Ehmcke and Jacob V. Kline
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge. REVERSED. Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by Vogel, P.J. (8 pages)
The Security National Bank of Sioux City, Iowa (SNB), was appointed personal representative of Roger Rand’s estate and filed a petition for replevin against multiple defendants. SNB requested immediate possession of farm-related personal property upon which Rand held a perfected security interest. A hearing was held, and the district court issued two separate rulings, one of which is the subject of this appeal. OPINION HOLDS: We find, even assuming Frank/BJM and Rand had an implied course of dealing, Frank’s disposition of the tractors by gifting the equity to Matthew was not within the prior course of dealing.
