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BANK OF KILLDEER v. FETTIG

No. 8127.

129 N.W.2d 365 (1964)

BANK OF KILLDEER, a corporation, Plaintiff and Respondent, v. Angeline FETTIG, a/k/a Mrs. Phil Fettig, individually and as administratrix of the Estate of Phil Fettig, deceased, Defendant and Respondent, and Jack Fettig, Defendant and Appellant.

Supreme Court of North Dakota.

July 1, 1964.

Attorney(s) appearing for the Case

Floyd B. Sperry, Bismarck, for defendant and appellant.

Greenwood & Swanson, Dickinson, for plaintiff and respondent.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and Marshall T. Bergerud, Killdeer, for defendant and respondent.

ERICKSTAD, Judge.

This is an appeal by the defendant Jack Fettig from a judgment entered on the order of the District Court of Dunn County in favor of the plaintiff. A trial de novo is demanded.

The plaintiff, Bank of Killdeer, initiated this action to foreclose a chattel mortgage executed by Phil Fettig, now deceased, and the defendant Angeline Fettig to secure a promissory note dated May 21, 1959, in the sum of $13,000.00, bearing interest at the rate of...

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