Civ. No. 8611.

179 N.W.2d 736 (1970)

Floyd LENDE, Plaintiff and Appellant, v. Andrew WIEDMEIER, Lorraine Wiedmeier, Joseph Scherr, and Diane Scherr, Defendants and Respondents.

Supreme Court of North Dakota.

September 21, 1970.

Attorney(s) appearing for the Case

John T. Paulson, Valley City, for plaintiff and appellant.

Sproul, Fitzner, Lenaburg & Fitzner, Valley City, for defendants and respondents.

STRUTZ, Judge.

This is an appeal from a summary judgment entered in this action on motion of the defendant. The facts of the case are relatively simple, and are as follows:

—The appellant and his wife (who is not a party to the present action) executed a mortgage to the defendants Wiedmeier on September 21, 1960. The mortgage was given on 10.4 acres, more or less, of land described therein by metes and bounds.

—In May 1964, the mortgagees...


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