Farrington v. Swenson

VOGEL, Judge.

Ricky and Belinda Scherr owned real property in the city of Bismarck prior to 1966. They built a home upon this property and mortgaged it to Miles Homes, a foreign corporation. On April 24, 1969, Miles Homes commenced foreclosure and Burleigh County was named as a party defendant in that proceeding. The County did not answer or appear in any manner in the action, and a judgment was entered against it. The property was sold to Miles Homes and the sheriff’s certificate thereafter was assigned to the plaintiff in this action. Upon receipt of a sheriff’s deed, the plaintiff presented…