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FRASER v. FRASER

No. A04-2138.

702 N.W.2d 283 (2005)

Jayne FRASER, Respondent, v. James FRASER, Respondent, Gerald Fraser, individually and as Trustee of the Gerald R. Fraser Revocable Intervivos Trust Agreement, Appellant.

Court of Appeals of Minnesota.

Review Denied October 18, 2005.

Attorney(s) appearing for the Case

Kenneth Hertz, Hertz Law Offices, P.A., Columbia Heights, MN, for respondent Jayne Fraser.

James Fraser, New Hope, MN, pro se respondent James Fraser.

Paul W. Chamberlain, Chamberlain Law Firm, Wayzata, MN, for appellant Gerald Fraser.

Considered and decided by MINGE, Presiding Judge; LANSING, Judge; and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge.

Appellant father challenges the decision of the district court construing the agreement between him and respondents as an equitable mortgage rather than a contract for deed. The parties in this case have appeared before this court in the past regarding this same issue. In 2002, the district court granted summary judgment in favor of respondent wife on her claim that father had an equitable mortgage and hence that father's statutory...

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