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MECHTLE v. TOPP

No. 7301.

52 N.W.2d 842 (1952)

MECHTLE v. TOPP.

Supreme Court of North Dakota.

April 8, 1952.

Attorney(s) appearing for the Case

F. E. Foughty, Devils Lake, and Melvin M. Christianson, Minnewaukan, attorneys for plaintiff-appellant.

Edgar P. Mattson, New Rockford, attorney for defendant-respondent.

MORRIS, Chief Justice.

This is an appeal by the plaintiff from a judgment determining that the defendant is the owner of the fee simple title to certain lands in Eddy County free of any right, title, interest in, lien, or encumbrance upon the same by the plaintiff, Mechtle.

For some time prior to 1950 the plaintiff was the owner of the tracts of land involved in this suit containing approximately 1,200 acres. A mortgage on this property was foreclosed in 1949...

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