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FEDERAL LAND BANK OF ST. PAUL v. HALVERSON

Civ. No. 11,123.

392 N.W.2d 77 (1986)

FEDERAL LAND BANK of SAINT PAUL, a body corporate, Plaintiff and Appellee, v. Donald G. HALVERSON and Lorna G. Halverson, husband and wife, Defendants and Appellants.

Supreme Court of North Dakota.

July 31, 1986.

Attorney(s) appearing for the Case

Traynor, Rutten & Traynor, Devils Lake, for plaintiff and appellee; argued by J. Thomas Traynor, Jr.

Kirschner & Baker, Fargo, for defendants and appellants; argued by Michael J. Garrison, Fargo.

Steven E. Noack, Asst. Atty. Gen., Office of Atty. Gen., Bismarck, for amicus curiae State of N.D.

MESCHKE, Justice.

The Federal Land Bank of Saint Paul sued to foreclose its mortgage on the farm of Donald G. and Lorna G. Halverson. Halversons admitted their default but pled affirmative defenses seeking either administrative forbearance under a Farm Credit Administration regulation, or judicial forbearance under the unique confiscatory-price defense statutes of North Dakota.

Upon the Bank's motion and after exchange of affidavits and briefs, the trial court...

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