First National Bank of Milnor v. Yagow

MESCHKE, Justice.

Merlyn, Delores, and Kevin Yagow appeal from a judgment evicting them from *807their home on farmland owned by First National Bank of Milnor. We affirm.

The Bank purchased the land from a Liquidating Agent appointed by the Bankruptcy Court in the bankruptcy estate of Merlyn and Delores Yagow. By statute, 11 U.S.C. 363(f) (1985), the sale was made “free and clear” and was approved by the Bankruptcy Court.

Yagows argue that the trial court improperly refused to postpone the eviction action until the Bankruptcy Court determined their homestead claim. Yagows’ showing to the trial court…