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WEIGEL v. BAUER

No. 7803.

95 N.W.2d 29 (1959)

Katie WEIGEL, Plaintiff and Appellant, v. Emil BAUER and Katherine Bauer, Defendants and Respondents.

Supreme Court of North Dakota.

February 12, 1959.

Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, for appellant.

W. J. Austin, Bismarck, for respondents.

TEIGEN, Judge.

This is an appeal from a judgment dismissing plaintiff's complaint seeking cancellation of a mortgage and decreeing that the mortgage and the promissory note it purports to secure are valid instruments and further decreeing that the mortgage is a valid first mortgage lien on the property described therein. The appellants asks for trial de novo.

The plaintiff, Katie Weigel, is a widow. The defendant, Katherine Bauer, is her daughter and the defendant...

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