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SCHIELE v. FIRST NAT. BANK OF LINTON

Civ. No. 11302.

404 N.W.2d 479 (1987)

Edward SCHIELE and Alice Schiele, Plaintiffs and Appellants, v. FIRST NATIONAL BANK OF LINTON, a North Dakota corporation, Defendant and Appellee.

Supreme Court of North Dakota.

April 16, 1987.

Attorney(s) appearing for the Case

Tschider & Smith, Bismarck, for plaintiffs and appellants; argued by David A. Tschider.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendant and appellee; argued by Albert A. Wolf.

MESCHKE, Justice.

Edward and Alice Schiele appeal from a summary judgment in favor of the First National Bank of Linton. The trial court ruled that First National could enforce an assignment of a farm mortgage for the balance of an indebtedness beyond its bid at the Sheriff's sale on its foreclosure of Schiele's home for the same debt. We reverse and remand for further proceedings.

On August 13, 1979, First National loaned the Schieles $135,000. The Schieles...

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