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BANK OF STEELE v. LANG

Civ. No. 870357.

423 N.W.2d 504 (1988)

BANK OF STEELE, and its assignee, Anton Binstock, Plaintiffs and Appellees, v. Ernest R. LANG, Defendant and Appellant.

Supreme Court of North Dakota.

May 17, 1988.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Collins and Main, Mandan, for plaintiffs and appellees; argued by Arlen M. Ruff.

Bryan L. Giese, Mandan, for plaintiff and appellee Anton Binstock.

Thomas M. Disselhorst, Bismarck, for defendant and appellant.

MESCHKE, Justice.

Ernest R. Lang appealed from an order denying his motion to set aside both the assignment of a judgment of eviction and the Special Execution issued to enforce that judgment against him. We affirm.

In 1984, Ernest Lang gave a second mortgage on his farm to the Bank of Steele, subordinate to a first mortgage to the Bank of North Dakota. The Bank of North Dakota foreclosed its mortgage and purchased...

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