SMALL v. CUNNINGHAM

No. 7938.

120 N.W.2d 13 (1963)

Robert P. SMALL and Adeline Small, Plaintiffs and Respondents, v. C. L. CUNNINGHAM, d/b/a United Accounts, of Bismarck, North Dakota, and United Accounts, Incorporated, a North Dakota Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

February 8, 1963.


Attorney(s) appearing for the Case

Joseph Coghlan, Bismarck, for defendants and appellants.

Thompson & Lundberg, Bismarck, for plaintiffs and respondents.


STRUTZ, Judge (on reassignment).

This is an action to quiet title to real property described in the complaint. The facts material to our decision, and which are not in dispute, are as follows:

On August 24, 1951, Lynn L. Danley and Barbara P. Danley acquired the real property in question by warranty deed and, with their children, occupied it as their home. On June 2, 1954, they gave a note and mortgage to the plaintiffs for $7,500, which mortgage was recorded...

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