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SIEVERT v. LaMARCA

No. C0-85-2060.

383 N.W.2d 368 (1986)

Howard P. SIEVERT, Respondent, v. Donald D. LaMARCA, et al., Defendants, First State Bank of Lakefield, Appellant, and Dawn Sievert, additional party to counterclaim, Respondent.

Court of Appeals of Minnesota.

Review Denied May 22, 1986.

Attorney(s) appearing for the Case

James M. Williams, Minneapolis, for Howard P. Sievert.

J. David Jackson, Minneapolis, for First State Bank of Lakefield.

James M. Williams, Minneapolis, for Dawn Sievert.

Considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

This is the second appeal by First Lakefield State Bank in its effort to foreclose by action an equitable mortgage imposed by the trial court on a contract vendee's interest in a farm. Following the first appeal the trial court declined to order sale of the property as requested by the bank and this appeal followed. We affirm in part and remand.

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