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WESTGARD v. FARSTAD OIL, INC.

Civ. No. 880217.

437 N.W.2d 522 (1989)

Brent WESTGARD; Denese Westgard; and Peoples Bank & Trust of Parshall, North Dakota, a corporation, Plaintiffs and Appellants, v. FARSTAD OIL, INC., Defendant, Third-Party Plaintiff and Appellee, v. Arlo JACOBSON and Barbara Jacobson, Third-Party Defendants.

Supreme Court of North Dakota.

March 21, 1989.

Attorney(s) appearing for the Case

Bair, Brown & Kautzmann, Mandan, for plaintiffs and appellants; argued by Thomas B. Bair.

Pringle & Herigstad, Minot, for defendant, third-party plaintiff and appellee; argued by Jan M. Sebby.

GIERKE, Justice.

Brent Westgard, Denese Westgard, and Peoples Bank & Trust of Parshall [Bank] appeal from a summary judgment in their quiet title action which declared that Farstad Oil, Inc. [Farstad], had a valid mortgage lien of first priority against certain real estate. The trial court also granted summary judgment in favor of Farstad on its counterclaim against the plaintiffs and on its third-party action against...

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