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EISENBARTH v. EISENBARTH

No. 7649.

80 N.W.2d 118 (1956)

Martha W. EISENBARTH, Plaintiff and Respondent, v. Ed EISENBARTH, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied January 18, 1957.

Attorney(s) appearing for the Case

J. K. Murray, Bismarck, for defendant and appellant.

Strutz, Jansonius & Fleck, Bismarck, for plaintiff and respondent.

MORRIS, Judge.

This is an appeal from a judgment of the district court decreeing the cancellation of a mortgage. The case is here for trial de novo. The property in question consists of a house and the tract of land on which it is located at 417 18th Street in the City of Bismarck. The plaintiff alleges that there appears of record in the chain of title to this property a second mortgage dated April 14, 1951, purporting...

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