First Trust & Savings Bank of Moville v. Guthridge

SACKETT, Judge.

In this replevin action we must determine whether there is substantial evidence to support the trial court’s decision feed bunks on a farm now owned by defendant-appellant Bernice Guthridge are the property of plaintiff-appellee First Trust and Savings Bank of Moville, Iowa.

Bernice’s son Larry Guthridge gave a security interest in the bunks to plaintiff in 1988 to secure a loan. At the time the security interest was given the bunks were located on the land. Bernice at that time had a life estate in the land and her son Larry owned the remainder interest. Larry was farming the land as Bernice’s tenant and in 1985 conveyed by quit claim deed his interest in the farm to Bernice in satisfaction of two years of unpaid rents.

Defendant appeals the trial court order contending the bunks were fixtures and they were conveyed to her when her son gave her the quit claim deed. We disagree and affirm the trial court.

A replevin action is an enforcement of a plaintiff’s right to immediate possession of property wrongfully taken or detained. Iowa Truck Center, Inc. v. Davis, 204 N.W.2d 630, 631 (Iowa 1973). Replevin is a law action, section 643.2, The Code (1987) and the findings of fact made by the trial court are binding on us if supported by substantial evidence. Flickinger v. Mark IV Apartment, Ass’n, 315 N.W.2d 794, 797 (Iowa 1982).

Defendant contends the bunks were fixtures. The Iowa Uniform Commercial Code provides

goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law.

Iowa Code § 554.9313(l)(a) (1989).1 However, a fixture continues to be characterized by Iowa realty law. McDonough, Recent Statutory and Case Law Developments In Secured Transactions, 27 Drake L.R. 41, 43 (1977-1978). See also Ford v. Venard, 340 N.W.2d 270, 271 (Iowa 1983) (court applied common law rule on issue of when personal property becomes a fixture). Under common law personal property becomes a fixture when

(1) it is actually annexed to the realty, or to something appurtenant thereto;
(2) it is put to the same use as the realty with which it is connected; and
(3) the party making the annexation intends to make a permanent accession to the freehold.

Ford v. Venard, 340 N.W.2d 270, 271 (Iowa 1983); Cornell College v. Crain, 211 Iowa 1343, 1345, 235 N.W. 731, 732 (1931); Speer v. Donald, 201 Iowa 569, 571, 207 N.W. 581, 582 (1926); Rahm v. Domayer, 137 Iowa 18, 20, 114 N.W. 546, 546 (1908); Thomson v. Smith, 111 Iowa 718, 721, 83 N.W. 789, 790 (1900); Johnson v. Moser, 82 Iowa 29, 30-31, 47 N.W. 996, 996 (1891); Ottumwa Woolen Mill Company v. Hawley, 44 Iowa 57, 62 (1876); Teaff v. Hewitt, 1 O. St. 511.

The intention of the party annexing the improvement is an important factor in assessing the issue. See Ford, 340 N.W.2d at 272. The character of the attachment is important in determining the intent. Speer, 201 Iowa at 571, 207 N.W. at 582. Because there was some attachment, the burden to show the bunks were not fixtures was on the bank. See Rahm, 137 Iowa at 20-21, 114 N.W. at 546.

At the time Larry gave the security interest he was a mere tenant on the land. We agree with the trial court his action in giving a security interest was evidence he intended the bunks to remain his personal property and not become attached to the property in which his mother held a life interest. We note also the fact the only attachment other than gravity was an easi*403ly removable steel cable. Additionally, we look to the fact that when the bunks were brought on the farm Larry was but a tenant which would negate against their being determined fixtures. Speer, 201 Iowa at 572, 207 N.W. at 582. Also, they were intended to be used in the livestock business and the use of the bunks was limited by the requirements of the business rather than the boundaries of the farm. Id. There is substantial evidence to support the trial court’s decision.

The plaintiff had filed a financing statement with the secretary of state covering Larry’s personal property and the parties apparently agree the financing statement was in effect at all times material. Therefore, Bernice’s interest would be subject to the bank’s even if the bunks were sold or transferred to her.

Because of our holding, we need not address the issue of whether a quit claim deed would transfer a greater interest in the bunks than Larry owned.

AFFIRMED.

All Judges concur except DONIELSON, J., who dissents.

. Adopted 1974.