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EMPIRE STATE BANK v. DEVEREAUX

No. C5-86-1674.

402 N.W.2d 584 (1987)

EMPIRE STATE BANK, Appellant, v. Douglas J. DEVEREAUX, et al., Respondents.

Court of Appeals of Minnesota.

March 17, 1987.

Attorney(s) appearing for the Case

James R. Anderson, Marshall, for appellant.

Kevin Stroup, Clarkfield, for respondents.

Heard, considered, and decided by WOZNIAK, P.J., and LESLIE and RANDALL, JJ.

OPINION

LESLIE, Judge.

Empire State Bank appeals from a judgment in favor of respondents Douglas and Helen Devereaux. The trial court determined appellant may not enforce a mortgage against respondents' property since the mortgage only secured a $46,500 loan and that loan had already been repaid. Appellant claims the mortgage is enforceable because it was to act as security for respondents' entire previous debt with the bank. We affirm.

FACTS...

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