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BAKER v. SABINASH

No. 20140230.

864 N.W.2d 436 (2015)

2015 ND 153

Dana Eldon BAKER, Plaintiff and Appellee v. Marlin Michael SABINASH, Tanya Leigh Sabinash, Unison Bank, Inc., and all persons claiming an estate or interest in, or lien or encumbrance upon the real property described in the Complaint, Defendants Marlin Michael Sabinash, and Tanya Leigh Sabinash, Appellants.

Supreme Court of North Dakota.

June 11, 2015.

Attorney(s) appearing for the Case

James A. Reisnour , Jamestown, ND, for plaintiff and appellee.

Jack McDonald Jr. (appeared), Bismarck, ND, for defendants and appellants Marlin Michael Sabinash and Tanya Leigh Sabinash.

Douglas B. Anderson , Assistant Attorney General, Bismarck, ND, for amicus curiae State of North Dakota, doing business as the Bank of North Dakota.

[¶1] Marlin and Tanya Sabinash appealed from a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. Because the district court erred as a matter of law in determining the county tax lien was superior to the interest held by the State through a Bank of North Dakota mortgage...

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