Elliott v. Darwin Neibaur Farms

WALTERS, Justice.

This case involves the foreclosure of a mortgage on real property. The district court entered judgment allowing Edward and Mary Elliott to foreclose a mortgage on property owned by Darwin Neibaur Farms, a partnership, over the objection by Neibaur Farms and Darwin and June Neibaur, individually, that the parties’ contracts required the Elliotts to foreclose first on property owned by John and Patricia Hansen before foreclosing on the Neibaurs’ property. We affirm.

FACTS AND PROCEDURAL BACKGROUND

In October 1982, Edward and Mary Elliott entered into a contract for the sale of…