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BRAKEMEIER v. WITTEK

No. C2-85-2142.

386 N.W.2d 408 (1986)

Allen BRAKEMEIER, et al., Appellants, v. John A. WITTEK, Respondent.

Court of Appeals of Minnesota.

May 6, 1986.

Attorney(s) appearing for the Case

Bradley W. Solheim, Waconia, for appellants.

Peter I. Orlins, Orlins and Brainerd, Richfield, for respondent.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

Allen and Joyce Brakemeier appeal from a judgment for respondent John Wittek and contend the trial court erred in concluding execution must be returned unsatisfied as a prerequisite for a creditor to bring suit on a debtor's equitable assets. We affirm.

FACTS

The Brakemeiers, judgment creditors of Howard Padratzik, brought this action against Wittek to collect on a promissory note from Wittek to Padratzik.<...

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