HANSON v. ZOLLER

Civ. No. 8511.

174 N.W.2d 354 (1970)

Clifford P. HANSON, Plaintiff and Appellant, v. John ZOLLER and Martha Zoller, husband and wife, Defendants, James P. Zoller and Alice R. Zoller, husband and wife, Eugene V. Binder and Gloria A. Binder, husband and wife, Paul M. Breene, State of North Dakota, The Dakota National Bank of Bismarck, a corporation, Gate City Savings and Loan Association, a corporation, Defendants and Respondents, Credit Bureau of Bismarck, Inc., a corporation, Max D. Rosenberg, as Trustee of State Acceptance Corporation, a bankrupt, and Atlas, Inc., a corporation, Defendants. James P. ZOLLER and Alice R. Zoller and Gate City Savings and Loan Association, a corporation, Third-Party Plaintiffs, v. NORTH DAKOTA GUARANTY & TITLE CO., Third-Party Defendant. Eugene V. BINDER and Gloria A. Binder, husband and wife; and The Dakota National Bank of Bismarck, a corporation, Third-Party Plaintiffs and Appellants, v. NORTH DAKOTA GUARANTY & TITLE CO., Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied February 19, 1970.


Attorney(s) appearing for the Case

Vogel, Bair & Graff, Mandan, for appellant.

Commy, Conmy, Rosenberg & Lucas, Bismarck, for respondents James P. Zoller, Alice R. Zoller and Gate City Savings and Loan Assn.

Frederick E. Saefke, Jr., Bismarck, for respondents and third-party appellants Eugene V. Binder and Gloria A. Binder, and The Dakota National Bank.

Thompson, Lundberg & Nodland, Bismarck, for respondent Paul M. Breene.

H. G. Ruemmele, Grand Forks, for respondent State of North Dakota.

Zuger, Zuger & Bucklin, Bismarck, for third-party respondent North Dakota Guaranty & Title Co.


KNUDSON, Judge.

Clifford P. Hanson brought this action for the foreclosure of a real estate mortgage given by John Zoller upon the South Half of the Northeast Quarter of Section 26, Township 139, Range 80, Burleigh County, North Dakota, dated May 16, 1962, and recorded in the office of the Register of Deeds for Burleigh County on March 6, 1963, in Book 358 of Mortgages on page 108. Hanson, in his complaint with other allegations, alleges that the right, title and...

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