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JOHNSON v. KING

Civ. No. 10220.

325 N.W.2d 254 (1982)

Bert JOHNSON and Lyle Johnson, Plaintiffs and Appellants, v. Willie T. KING, John W. Magnusson, Cavalier County, a municipal corporation, Defendants and Appellees.

Supreme Court of North Dakota.

October 20, 1982.

Attorney(s) appearing for the Case

William S. Heigaard, Langdon, for plaintiffs and appellants; argued by R. Scott Stewart, Langdon.

Neil W. Fleming, Cavalier, for defendants and appellees, argued by Lawrence D. DuBois, Grand Forks.

SAND, Justice.

Bert Johnson and Lyle Johnson (Johnsons) appealed from an order dismissing without prejudice their complaint against Willie T. King (King), John W. Magnusson, and Cavalier County, a municipal corporation,1 in an action to foreclose a mortgage on certain described property and a promissory note securing the mortgage. Johnsons moved for summary judgment and the court, after a hearing, dismissed the complaint, and Johnsons...

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