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HANSON v. ZOLLER

Civ. No. 8511.

187 N.W.2d 47 (1971)

Clifford P. HANSON, Plaintiff and Appellant, v. John ZOLLER and Martha Zoller, husband and wife et al., Defendants, and James P. Zoller and Alice R. Zoller, husband and wife et al., Defendants and Respondents. James P. ZOLLER and Alice R. Zoller, Third-Party Plaintiffs, and Gate City Savings and Loan Association, a corporation, Third-Party Plaintiff and Appellant, v. NORTH DAKOTA GUARANTY & TITLE CO., Third-Party Defendant and Respondent. 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 June 7, 1971.

Attorney(s) appearing for the Case

Vogel, Bair & Graff, Mandan, for plaintiff and appellant.

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for Gate City Savings and Loan Association, a corporation, third-party plaintiff and appellant, and for James P. Zoller and Alice R. Zoller, third-party plaintiffs.

Frederick E. Saefke, Jr., Bismarck, for Eugene V. Binder and Gloria A. Binder, husband and wife, and The Dakota National Bank of Bismarck, a corporation, third-party plaintiffs and appellants.

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

H. G. Ruemmele, Special Asst. Atty. Gen., Grand Forks, for State of North Dakota, defendant and respondent.

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

ADAM GEFREH, District Judge.

In this action the plaintiff seeks to foreclose a certain mortgage given by John Zoller and Martha Zoller, husband and wife, pertaining to the South Half of the Northeast Quarter (S½ NE¼) of Section Twenty-six (26), Township One Hundred Thirty-nine (139), Range Eighty (80), Burleigh County, North Dakota, and other land not involved in this action.

In addition to John Zoller...

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