State Bank of Kenmare v. Lindberg

ERICKSTAD, Chief Justice.

The State Bank of Kenmare (Bank) sued Layne A. and Barbara Jean Lindberg to foreclose a mortgage. The Lindbergs answered and counterclaimed, alleging tor-tious interference with contract, misrepresentation and fraud by the Bank. The district court granted summary judgment in favor of the Bank on the foreclosure action and ordered a jury trial on the Lind-bergs’ counterclaim. The Lindbergs appealed from the summary judgment and requested the district court to stay execution of the judgment pending appeal. The court denied the Lindbergs’ request for a stay, concluding…