STRIEGEL v. DAKOTA HILLS, INC.

Civ. No. 10699.

365 N.W.2d 491 (1985)

Curtis G. STRIEGEL and Maurine T. Striegel, Plaintiffs and Appellees, v. DAKOTA HILLS, INC.; Moore Engineering Company, Moore Engineering, Inc.; Donald Gartner and Kathy Gartner; First National Bank and Trust Co.; Dakota Northwestern Bank National Association; Kenneth O. Leonard; R.L. Kilzer, P.C. Pension & Profit Sharing Plan; and Ralph L. Kilzer, individually, Defendants, and Hillside Trust; Lovelle Biby, Trustee of the Hillside Trust; and Gerald D. Biby, Defendants and Appellants.

Supreme Court of North Dakota.

March 20, 1985.


Attorney(s) appearing for the Case

Tschider & Smith, Bismarck, for plaintiffs and appellees; argued by Sean O. Smith, Bismarck.

John O. Holm, Dickinson, for defendant Dakota Hills, Inc.

Thomas M. Disselhorst, Bismarck, for defendants and appellants.


PEDERSON, Surrogate Justice.

This is an appeal from a "Final Judgment Nunc Pro Tunc" which canceled a contract for deed and foreclosed a security agreement. We affirm.

In January 1979, Curtis and Maurine Striegel executed a contract for deed to sell campground property to Gerald Biby. Biby subsequently conveyed his interest in the property by quit claim deed to Hillside Trust [Hillside], notwithstanding a provision in the contract for deed that Biby's interest...

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