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INVESTORS TITLE INS. CO. v. HERZIG

No. 20090213.

788 N.W.2d 312 (2010)

2010 ND 169

INVESTORS TITLE INSURANCE COMPANY, Plaintiff v. David F. HERZIG, Southeastern Shelter Corporation, and Sheldon Smith, Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants On Appeal Southeastern Shelter Corporation, Plaintiff and Appellant v. David F. Herzig; and Sheldon Smith, in his capacity as Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendants and Appellees.

Supreme Court of North Dakota.

August 31, 2010.

Attorney(s) appearing for the Case

Robert S. Rau , Minot, N.D., for plaintiff and appellant.

Arnold V. Fleck (argued), Bismarck, N.D., for defendant and appellee Sheldon Smith.

Daniel Harry Oster (appeared), Bismarck, N.D., for defendant and appellee David F. Herzig.

VANDE WALLE, Chief Justice.

[¶ 1] Southeastern Shelter Corporation ("Southeastern") appealed from the district court order denying its "Motion to Attach Res and Property in Trust for Benefit of Judgment Creditor," granting the application of the personal representative of Alphild Herzig's estate to cancel a lis pendens filed by Southeastern, and refusing to consider Southeastern's motions for an order to prohibit the sale and transfer of property and to compel...

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