LANG v. BANK OF NORTH DAKOTA

Civ. No. 10947.

377 N.W.2d 575 (1985)

Ernest R. LANG, Plaintiff and Appellant, Rosemary E. Lang, (deceased), Plaintiff, BANK OF NORTH DAKOTA, Defendant and Appellee.

Supreme Court of North Dakota.

November 21, 1985.


Attorney(s) appearing for the Case

Ernest R. Lang, pro se.

Gary Bauer, Asst. Atty. Gen., (argued) and Thomas B. Tudor, Bismarck, for defendant and appellee.


MESCHKE, Justice.

We consider whether an appeal can be taken more than 10 months after entry of a final order, which denied a motion to enjoin a foreclosure by advertisement, where no notice of entry of the order was given. We hold that actual knowledge of entry of the order, where clearly evidenced in the record, commences the running of the time for appeal. We also hold that this belated effort to invoke judicial forbearance under the "confiscatory price" provisions...

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