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ERWAY v. DECK

Civil No. 980164

588 N.W.2d 862 (1999)

1999 ND 7

Guy S. ERWAY, Joyce Erway, Erway Broadcasting Corporation, and KACL Radio, Plaintiffs and Appellees v. Stanley T. DECK, Defendant, and June D. Deck, Intervenor and Appellant.

Supreme Court of North Dakota.

January 27, 1999.

Attorney(s) appearing for the Case

David F. Senn, of Senn Law Office, Dickinson, for plaintiffs and appellees.

Charles L. Neff, of Neff, Cresap, Eiken & Irigoin, Williston, for intervenor and appellant.

SANDSTROM, Justice.

[¶ 1] June D. Deck appealed from a judgment allowing Guy S. Erway, Joyce Erway, Erway Broadcasting Corporation, and KACL Radio (Erways) to levy on real property in Stark County. We hold the Erways had constructive notice June Deck owned the Stark County land under a prior unrecorded deed, and the Erways' judgment lien is subordinate to the prior deed. We reverse the judgment and remand for dismissal...

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