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STARK COUNTY v. KOCH

No. 7937.

107 N.W.2d 701 (1961)

STARK COUNTY, North Dakota, a Municipal Corporation, Plaintiff and Appellant, v. Andrew KOCH, Defendant and Respondent.

Supreme Court of North Dakota.

February 23, 1961.

Attorney(s) appearing for the Case

George T. Dynes, Dickinson, for plaintiff and appellant.

T. F. Murtha, Dickinson, for defendant and respondent.

MORRIS, Judge.

This is an action to have an instrument denominated a "trust mortgage" declared a mortgage and foreclosed. By that instrument Katharina Koch purported to sell and convey to the County of Stark, State of North Dakota, a quarter section of land located in Stark County "in trust for the purposes and subject to the conditions set forth in Section 22 of Chapter 211 of the 1937 Session Laws of North Dakota." It was also provided that the trust mortgage constituted...

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