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WELLENS v. BECK

No. 7665.

84 N.W.2d 345 (1957)

Ray WELLENS and Olga Wellens, Plaintiffs and Appellants, v. Clarence BECK, Al Georgeson, and Oscar Oakland, Individually and/or as partners In any combination doing business as Wellens Auto Supply, Defendants and Respondents. Martha DENNIS, Plaintiff In Intervention, v. Ray WELLENS, Olga Wellens, Clarence Beck, Al Georgeson and Oscar Oakland, Individually and/or as partners in any combination, doing business as Wellens Auto Supply, Defendants in Intervention. M. C. EMERY, Plaintiff in Intervention, v. Ray WELLENS; Olga Wellens; Clarence Beck, Al Georgeson and Oscar Oakland, Individually and/or as partners in any combination, doing business as Wellens Auto Supply; and Martha Dennis, Intervenor, Defendants in Intervention. Martha DENNIS, Plaintiff In Intervention, v. Ray WELLENS; Olga Wellens; Clarence Beck, Al Georgeson and Oscar Oakland, Individually and/or as partners in any combination, doing business as Wellens Auto Supply; and M. C. Emery, Intervenor, Defendants in Intervention.

Supreme Court of North Dakota.

Rehearing Denied August 27, 1957.

Attorney(s) appearing for the Case

M. W. Duffy, Cooperstown, for appellants.

Cupler, Tenneson, Serkland & Leahy, J. E. Hendrickson, John E. Rilling, Fargo, Woell & Woell, Casselton, George A. Soule, Fargo, for respondents.

JOHNSON, Judge.

This is an action to foreclose a chattel mortgage. The mortgage covered largely automotive parts to be sold by the mortgagors in the course of trade, both wholesale and retail.

The procedural situation existing is somewhat complex. There are about 31 pleadings and procedural documents involved in the judgment roll. It is neither practical nor advisable to attempt to outline in detail the various issues presented by all of the pleadings and...

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