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POYZER v. AMENIA SEED AND GRAIN CO.

Civ. Nos. 10934, 10935.

381 N.W.2d 192 (1986)

A.W. POYZER and Bonita Poyzer, Plaintiffs and Appellees, v. The AMENIA SEED AND GRAIN COMPANY, a North Dakota Corporation, Defendant, and Cargill Incorporated, a Delaware Corporation, Defendant and Appellant. Myrtle H. POYZER, Plaintiff and Appellee, v. The AMENIA SEED AND GRAIN COMPANY, a North Dakota Corporation, Defendant, and Cargill Incorporated, a Delaware Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

January 22, 1986.

Attorney(s) appearing for the Case

Nilles, Hansen, Magill & Davies, Fargo, for plaintiffs and appellees; argued by John Michael Nilles.

Arntson, Wentz & Klein, Fargo, for defendant and appellant; argued by Daniel L. Wentz.

GIERKE, Justice.

Cargill, Incorporated [Cargill], appeals from summary judgments of foreclosure on two real estate mortgages given by Amenia Seed and Grain Company [ASGC] to A.W. and Bonita Poyzer (Civil No. 10,934), and Myrtle Poyzer (Civil No. 10,935). Cargill does not challenge the propriety of the foreclosures, but attacks the district court's treatment in the foreclosure judgments of a prior unrecorded real estate mortgage allegedly given by ASGC to Cargill....

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