# Moser v. Thorp Sales Corp.

> Supreme Court of Iowa · November 25, 1981 · 312 N.W.2d 881

URL: https://www.frixlaw.com/law-library/cases/9858533

## Case

- **Full name:** Clifton G. MOSER and Carlys C. Moser, Appellees, v. THORP SALES CORPORATION, Thorp Credit, Inc., Hoth and Willman Real Estate and Auctions, Col. Chuck Hoth, Col. Gay Oelke, Marguerite Schmitt, Richard Schmitt, Thorp Finance Corp. of Wisconsin, and ITT Thorp Corp., Defendants, Lola Jean Woods and Donald J. Woods, Appellants, the Federal Land Bank of Omaha, Appellee, and Gary Woods, Intervenor
- **Court:** Supreme Court of Iowa
- **Decided:** November 25, 1981
- **Citations:** 312 N.W.2d 881; 1981 Iowa Sup. LEXIS 1073
- **Precedential status:** Published
- **Opinion:** Concurrence by Uhlenhopp
- **Judges:** McGiverin, Uhlenhopp, Larson, Vii, Reynoldson, McCormick, Schultz
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9858533

## How later opinions describe it (automated extraction)

- finding an individual who was informed by a real estate agent that another party had a claim to ownership of the subject property had “actual notice” so as to defeat individual’s claim of being a bona fide purchaser
- finding that the fact the remedy is legal in nature does not automatically take the case out of the purview of the equity court
- quoting, Loomis v. Cobb, 159 S.W. 305, 308 (Tex. Civ. App. 1913)

## Opinion text

UHLENHOPP, Justice
(concurring specially).
I concur in the result reached by the court majority and I also concur in the majority opinion except for part of the division relating to soil erosion. I join in Chief Justice Reynoldson’s opinion as to the liability of the Woods for soil erosion, but I concur in the majority holding that the Mosers failed to prove their damages from erosion by substantial evidence.
LARSON, J., joins this special concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858533. Public record. Not legal advice.