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H & F HOGS v. HUWE

Civ. No. 10838.

368 N.W.2d 553 (1985)

H & F HOGS, a partnership, Plaintiff and Appellant, v. Kenneth HUWE and Betty Huwe, Defendants and Appellees.

Supreme Court of North Dakota.

May 22, 1985.

Attorney(s) appearing for the Case

Michael G. Sturdevant (argued), Kenner, Halvorson & Sturdevant, Minot, for plaintiff and appellant.

John J. Petrik (argued), Pringle & Herigstad, Minot, for defendants and appellees.

ERICKSTAD, Chief Justice.

H & F Hogs [H & F], a partnership, appeals from a district court judgment dismissing its foreclosure action against Kenneth and Betty Huwe. We affirm.

In 1970 the Huwes acquired a one-half interest in a lot in Bergen, North Dakota. The Huwes executed a promissory note to H & F requiring five payments of $11,000, and also executed a mortgage on their interest in the property to secure the note.

The Huwes defaulted...

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