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SCHIELE v. FIRST NAT. BANK OF LINTON

Civ. No. 880277.

436 N.W.2d 248 (1989)

Edward SCHIELE and Alice Schiele, Plaintiffs and Appellants, v. FIRST NATIONAL BANK OF LINTON, a North Dakota Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

February 20, 1989.

Attorney(s) appearing for the Case

David A. Tschider, of Tschider & Smith, Bismarck, for plaintiffs and appellants.

Albert A. Wolf, of Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendant and appellee.

VANDE WALLE, Justice.

Edward and Alice Schiele appeal from a district court judgment, based upon a jury verdict, establishing the fair value of their property in Linton. We reverse and remand for further proceedings.

During August 1979, the First National Bank of Linton loaned the Schieles $135,000 for which the Schieles executed a promissory note secured both by a real estate mortgage on their home in Linton and an assignment of their interest as mortgagees...

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