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MISCHEL v. AUSTIN

Civ. No. 10959.

374 N.W.2d 599 (1985)

Ronald L. MISCHEL and Helen Mischel, Plaintiffs and Appellees, v. Donald D. AUSTIN, Defendant, and Larry D. Rafferty, and Maida Rafferty, Defendants and Appellants.

Supreme Court of North Dakota.

October 1, 1985.

Attorney(s) appearing for the Case

Maury C. Thompson, of Christensen & Thompson, Bismarck, for plaintiffs and appellees.

Thomas F. Murtha, of Murtha & Murtha, Dickinson, for defendants and appellants.

VANDE WALLE, Justice.

The sole issue on appeal in this action is whether under Chapter 32-19.1, N.D.C.C., a second mortgagee can sue directly on the note. The trial court ruled that the second mortgagee could sue directly on the note and ordered judgment entered against the mortgagors for the unpaid balance, interest, and costs. We reverse.

On March 2, 1979, Donald Austin, Larry Rafferty, and Maida Rafferty (mortgagors) gave a first mortgage to Metropolitan...

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