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PODOLL v. BRADY

Civ. No. 870263.

423 N.W.2d 151 (1988)

Laurence PODOLL, Adeline Podoll, Adelete Podoll, Betty Podoll, Plaintiffs, Appellees, and Cross-Appellants, and The Federal Land Bank of Saint Paul, a corporation, Plaintiff and Appellee, v. Deline BRADY, Defendant, Appellant, and Cross-Appellee, Thomas Brady and Connely Tiede, Defendants.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

James R. Britton Law Office, Rolla, for defendant, appellant and cross-appellee Deline Brady.

Kessel, Splitt & Kessel, LaMoure, for plaintiff and appellee Federal Land Bank of Saint Paul. Submitted on brief by Theodore F. Kessel, Jr. No appearance.

Buchanan Law Office, Jamestown, for plaintiffs, appellees, and cross-appellants Laurence Podoll, Adeline Podoll, Adelete Podoll, and Betty Podoll; argued by Daniel E. Buchanan. Appearance by Lawrence P. Kropp.

GIERKE, Justice.

The defendant, Deline Brady (Brady), appeals from a county court judgment evicting him from land he had previously mortgaged and lost by foreclosure. The plaintiffs, Laurence Podoll, Adeline Podoll, Adelete Podoll and Betty Podoll (hereafter collectively referred to as Podolls), cross-appeal from that portion of the trial court's judgment awarding damages in favor of Brady. We affirm in part and reverse in part.

On June 11, 1979, Brady executed...

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