FEDERAL LAND BANK OF ST. PAUL v. BRAKKE

Civ. No. 870101.

417 N.W.2d 380 (1988)

FEDERAL LAND BANK OF ST. PAUL, a corporation, Plaintiff and Appellee, v. Chester A. BRAKKE, aka Chester Arthur Brakke, and Alice Brakke, aka Alice M. Brakke, Defendants and Appellants, and Pioneer Life Trust, Ronald D. Brakke, Nancy D. Bye, Jean M. Brakke, deceased, Timothy J. Brakke, Karen Jean Brakke, Ronald Daren Brakke, Common Title Bond & Trust, P.C., a Nevada Trust, Trustee, Dakota Bank and Trust Co. of Fargo, United States of America, The Pierce Co., Inc., South Dakota Wheat Growers Association, Rust Sales, Inc., Donald Hansen, State of North Dakota, Horace Farmers Elevator Company, James Stegman, Hall GMC, Inc., Vivian E. Berg, Disciplinary Board of the Supreme Court of the State of North Dakota, Sarah Vogel, Nicholas Spaeth, William L. Grey, United Accounts, Inc., of Bismarck, North Dakota, and All other persons unknown, whether as heirs, legatees, devisees, or creditors of Jean M. Brakke, Defendants.

Supreme Court of North Dakota.

January 4, 1988.


Attorney(s) appearing for the Case

W. Todd Haggart, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for plaintiff and appellee.

Wendy Alison Nora, of Hopewell & Nora, Minneapolis, Minn., and William Mills, Bismarck, for defendants and appellants; on brief.


VANDE WALLE, Justice.

Chester A. Brakke and Alice M. Brakke appealed from an order striking the defense of payment from their answer in a mortgage-foreclosure action brought against them by the Federal Land Bank of St. Paul. We affirm.

The Brakkes' defense of payment to the mortgage-foreclosure action was based upon the issuance of what is termed a "sight draft." This "sight draft" provided for the payment of $105,271.03 "of credit on presentment" to...

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