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TORMASCHY v. TORMASCHY

Civil No. 950367.

559 N.W.2d 813 (1997)

1997 ND 2

Paul P. TORMASCHY and Janie Tormaschy, Plaintiffs and Appellees, v. Ernest TORMASCHY, Elaine Tormaschy, Defendants and Appellants, and Community First National Bank and Trust Company of Dickinson, Defendant and Appellee.

Supreme Court of North Dakota.

January 16, 1997.

Attorney(s) appearing for the Case

Eugene F. Buresh of Reichert, Buresh, Herauf & Ficek, PC, Dickinson, for plaintiffs and appellees.

Robert A. Keogh, Keogh Law Office, Dickinson, for defendants and appellants.

John L. Sherman of Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] This appeal is from the trial court's judgment that the plaintiffs, Paul and Janie Tormaschy (Paul and Janie), hold valid legal title over the west one-half of Section 1, Township 139 North, Range 95 West, Stark County, North Dakota, and that defendant/appellee, Community First National Bank of Dickinson, holds a secured mortgage in the property. The defendants, Earnest and Elaine Tormaschy (Ernie and Elaine), allege the trial...

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