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WOLF v. SCHUMACHER

Civ. No. 910029.

477 N.W.2d 827 (1991)

Eva WOLF, Plaintiff and Appellee, v. Kenneth SCHUMACHER, also known as Kenny Schumacher, individually and as next friend of Ryan Schumacher, a minor; Elizabeth Schumacher, also known as Betty Schumacher; Marlin Schumacher, Defendants and Appellants.

Supreme Court of North Dakota.

November 20, 1991.

Attorney(s) appearing for the Case

Schultz Law Firm, Bismarck, for plaintiff and appellee, argued by Alfred C. Schultz.

Wefald Law Office, Ltd., Bismarck, for defendants and appellants, argued by Robert O. Wefald.

LEVINE, Justice.

Kenneth, Elizabeth, Ryan, and Marlin Schumacher [Schumachers] appeal from a district court judgment ordering Kenneth and Elizabeth to execute a purchase money mortgage on certain property in favor of Eva Wolf and determining that Ryan and Marlin have no interest in the property. We affirm.

In 1985, Kenneth and Elizabeth agreed to purchase a condominium from Marvin Fried Construction, Inc., for $57,000. Kenneth's aunt, Eva, paid Fried Construction...

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