LORAAS v. CONNOLLY

No. 8058.

131 N.W.2d 581 (1964)

Harold LORAAS, Plaintiff and Respondent, v. James L. CONNOLLY and Phyllis Connolly, Defendants and Appellants.

Supreme Court of North Dakota.

November 19, 1964.


Attorney(s) appearing for the Case

C. F. Kelsch, Mandan, for defendants and appellants (William C. Kelsch, Mandan, on oral argument).

Floyd B. Sperry, Bismarck, for plaintiff and respondent.


BURKE, Judge.

Plaintiff brought this action to recover a balance of $5,000.00 alleged to be due upon a $20,000.00 note. Defendants' admitted the execution of the $20,000.00 note and of a real property mortgage to secure it, but alleged that the debt had been compromised for $15,000.00 and the mortgage satisfied. They also alleged that an action at law to recover part of a debt which had been secured by a real property mortgage violated statutes regulating procedure...

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