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FARRINGTON v. SWENSON

Civ. No. 8879.

210 N.W.2d 82 (1973)

Tom FARRINGTON, Plaintiff and Appellant, v. Jacob SWENSON et al., Defendants and Respondents.

Supreme Court of North Dakota.

August 13, 1973.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, for plaintiff and appellant.

Thomas F. Kelsch, State's Atty., Bismarck, for defendants and respondents.

VOGEL, Judge.

Ricky and Belinda Scherr owned real property in the city of Bismarck prior to 1966. They built a home upon this property and mortgaged it to Miles Homes, a foreign corporation. On April 24, 1969, Miles Homes commenced foreclosure and Burleigh County was named as a party defendant in that proceeding. The County did not answer or appear in any manner in the action, and a judgment was entered against it. The property was sold to Miles Homes and the sheriff...

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