FIRST NAT. BANK OF BELFIELD v. CANDEE

Civ. No. 910154 to Civ. No. 910159.

488 N.W.2d 391 (1992)

FIRST NATIONAL BANK OF BELFIELD, located in Belfield, North Dakota, Plaintiff and Appellee, v. Douglas CANDEE, Defendant and Appellee, and David Schmidt and Kathleen Schmidt, Defendants and Appellants. FIRST NATIONAL BANK OF BELFIELD, located in Belfield, North Dakota, Plaintiff and Appellee, v. David SCHMIDT and Kathleen Schmidt, Defendants and Appellants. FIRST NATIONAL BANK OF BELFIELD, located in Belfield, North Dakota, Plaintiff and Appellee, v. Frank SCHMIDT and David Schmidt, Defendants and Appellants, and Douglas Candee, d/b/a Schmidt, Schmidt and Candee, Defendant and Appellee. FIRST NATIONAL BANK OF BELFIELD, located in Belfield, North Dakota, Plaintiff and Appellee, v. Frank SCHMIDT and David Schmidt, Defendants and Appellants, and Douglas Candee, d/b/a Schmidt, Schmidt and Candee, Defendant and Appellee. Douglas G. CANDEE, Plaintiff and Appellee, v. David SCHMIDT and Frank A. Schmidt, Defendants and Appellants. Douglas G. CANDEE, Plaintiff and Appellee, v. David SCHMIDT, Defendant and Appellant.

Supreme Court of North Dakota.

June 25, 1992.


Attorney(s) appearing for the Case

William G. Heth (argued), of William Heth Law Firm, Dickinson, for plaintiff and appellee First Nat. Bank of Belfield. Appearance by George Wald of First Nat. Bank of Belfield.

William A. Herauf (argued), of Freed, Dynes, Reichert, Buresh & Herauf, PC, Dickinson, for plaintiff, defendant and appellee Douglas Candee. Appearance by Larry Gardner of Candee Const.

Thomas M. Disselhorst (argued), of Disselhorst Law Office, Bismarck, for defendants and appellants David Schmidt, Kathleen Schmidt, and Frank Schmidt. Appearance by David Schmidt and Kathleen Schmidt.


MESCHKE, Justice.

Frank and David Schmidt appeal from a "Final Order Of Distribution Of Partnership Assets" entered in six separate actions and from a denial of their motion to vacate an order requiring the sale of partnership property in South Dakota. We affirm.

In 1974 Douglas Candee orally agreed with Frank and David to form Schmidt, Schmidt, and Candee (SS & C), a farming partnership. SS & C purchased land in Perkins County, South Dakota, and farmed...

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