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KULM CREDIT UNION v. HARTER

Civ. No. 8392.

157 N.W.2d 700 (1968)

KULM CREDIT UNION, Plaintiff and Respondent, v. Duane HARTER, a/k/a Duane J. Harter, et al., Defendants, and Goebel Bros. Inc., Defendant and Appellant, Duane Harter, a/k/a Duane J. Harter, and Lisbon Implement Co., Inc., Defendants and Respondents.

Supreme Court of North Dakota.

March 29, 1968.

Attorney(s) appearing for the Case

Max A. Wishek, Ashley, for defendant and appellant.

Holand & Stetson, Lisbon, for defendant and respondent Lisbon Implement Company.

Kessel & Splitt, LaMoure, for plaintiff and respondent.

TEIGEN, Chief Justice (On reassignment).

This appeal involves a controversy between two defendants in a foreclosure action prosecuted by the plaintiff mortgagee who held the senior lien on the land. The controversy relates to the surplus funds after foreclosure sale.

The plaintiff, Kulm Credit Union, which is not involved in this appeal, commenced an action to foreclose a real estate mortgage upon land, which mortgage was given by the defendant Duane Harter...

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