First Interstate Bank of Fargo, N.A. v. Larson

ERICKSTAD, Chief Judge,

respectfully dissents.

Although this writer, in Lembke v. Unke, 171 N.W.2d 837 (N.D.1969), and in two cases decided the year before that, Iverson v. Lancaster, 158 N.W.2d 507 (N.D.1968), and in Melland v. Johanneson, 160 N.W.2d 107 (N.D.1968), concluded that prior decisions of this Court must be overruled, notwithstanding the respect normally due precedent, I do not believe that it is proper to overrule Mandan Sec. Bank v. Heinsohn, 320 N.W.2d 494 (N.D.1982). Contrary to the compelling circumstances and the evolutionary growth of the law, over an extended period of time…