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LUNDGREN v. MOHAGEN

Civ. No. 870374.

426 N.W.2d 563 (1988)

Elmond LUNDGREN and Estelle Lundgren, Plaintiffs and Appellants, v. Donald MOHAGEN, Loren W. Mattern and Citizen's State Bank of Mohall, Defendants and Appellees.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiffs and appellants; argued by Russel G. Robinson.

Bosard, McCutcheon & Rau, Ltd., Minot, for defendant and appellee Donald Mohagen; argued by Gary H. Lee.

Eaton, Van de Streek & Ward, Minot, for defendant and appellee Loren W. Mattern; argued by Bruce A. Schoenwald.

John S. Steinberger, Jr., Kenmare, for defendant and appellee Citizen's State Bank of Mohall. Submitted on brief; no appearance.

ERICKSTAD, Chief Justice.

Elmond and Estelle Lundgren appeal from a judgment in which the district court concluded that a concrete ready-mix batch plant and a residential mobile home were personal property and therefore were not subject to real estate mortgages previously foreclosed by the Lundgrens. We affirm.

In 1972 the Lundgrens sold the assets of their concrete ready-mix business and real estate upon which the business was located to a partnership consisting...

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