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FEDERAL LAND BANK OF ST. PAUL v. BERGQUIST

Civ. No. 870245.

425 N.W.2d 360 (1988)

The FEDERAL LAND BANK OF ST. PAUL, a corporation, Plaintiff and Appellee, v. Harold J. BERGQUIST, a/k/a Harold John Bergquist, Defendant and Appellant.

Supreme Court of North Dakota.

June 28, 1988.

Attorney(s) appearing for the Case

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Ltd., Grand Forks, for plaintiff and appellee; argued by Theodore M. Camrud.

Hodny, Burke, Rice & Stevenson, Grafton, for defendant and appellant; argued by Jake C. Hodny.

MESCHKE, Justice.

Harold J. Bergquist appealed from a deficiency judgment following foreclosure of a mortgage on his farmland. We reverse and remand for a new jury trial.

Bergquist defaulted on a note to the Federal Land Bank of St. Paul [the Bank] which was secured by a mortgage on his farmland in Walsh County. The Bank foreclosed its mortgage and the land was sold for $139,000 at a sheriff's sale.

The Bank then sued separately for a deficiency judgment...

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