HERZIG v. HERZIG

Civ. No. 9658.

286 N.W.2d 116 (1979)

Daniel E. HERZIG and James F. Herzig, Plaintiffs and Appellees, v. Floyd HERZIG, a/k/a Floyd Frank Herzig, Alphild Herzig and David F. Herzig, Defendants and Appellants.

Supreme Court of North Dakota.

November 28, 1979.


Attorney(s) appearing for the Case

Bosard, McCutcheon, Kerian, Schmidt, Holum & Rau, Minot and David T. DeMars, Fargo, for plaintiffs and appellees; argued by Jon R. Kerian, Minot.

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for defendants and appellants; argued by Max D. Rosenberg, Bismarck.

ERICKSTAD, Chief Justice.


The defendants appeal from a judgment entered in the Ward County Court of Increased Jurisdiction based upon a claim for forcible detainer. We reverse.

On July 7, 1977, Midwest Federal Savings & Loan Association of Minot, North Dakota, obtained a judgment foreclosing their mortgage on property owned by Floyd Herzig, Alphild Herzig, and David F. Herzig [hereinafter referred to as the defendants], and located in Ward County, North Dakota. On August 19, 1977, Midwest...

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