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FIRST STATE BANK OF CASSELTON v. McCONNELL

Civ. No. 11399.

410 N.W.2d 139 (1987)

The FIRST STATE BANK OF CASSELTON, Plaintiff and Appellee, v. Janet R. McCONNELL and Edward D. Nesemeier as Trustee for Edward William McConnell and any other children that may be born to Janet Nesemeier McConnell, Defendants and Appellants.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Fargo, for plaintiff and appellee; argued by Roger A. Royse.

DeMars, Turman & Johnson, Fargo, for defendants and appellants; argued by Joseph A. Turman.

ERICKSTAD, Chief Justice.

Janet R. McConnell and Edward D. Nesemeier, as trustee for Edward William McConnell, appeal from a summary judgment granted in favor of the First State Bank of Casselton (Bank) setting aside as fraudulent a conveyance of real property from McConnell to Nesemeier. We reverse.

On March 9, 1983, McConnell defaulted on a $54,650 promissory note made to the Bank. On July 10, 1984, McConnell executed a quitclaim deed transferring her undivided...

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