Legal Opinion
Schiele v. First National Bank of Linton
North Dakota Supreme Court
Decided April 16, 1987No. Civ. 11302PublishedCited by 14 opinions
1Opinion of the Court
MESCHKE, Justice.
Edward and Alice Schiele appeal from a summary judgment in favor of the First National Bank of Linton. The trial court ruled that First National could enforce an assignment of a farm mortgage for the balance of an indebtedness beyond its bid at the Sheriffs sale on its foreclosure of Schiele's home for the same debt. We reverse and remand for further proceedings.
On August 13, 1979, First National loaned the Schieles $135,000. The Schieles executed a promissory note secured both by a real estate mortgage on their home in Linton (home mortgage) and by an assignment of their…
2Cases cited14 opinions
- State Bank of Towner v. HansenNorth Dakota Supreme Court · 1981
- Dolajak v. State Automobile & Casualty UnderwritersNorth Dakota Supreme Court · 1977
- First State Bank of Cooperstown v. IhringerNorth Dakota Supreme Court · 1974
- Robertson Lumber Co. v. Progressive Contractors, Inc.North Dakota Supreme Court · 1968
- Farmers State Bank v. SlaubaughNorth Dakota Supreme Court · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hofsommer v. Hofsommer Excavating, Inc.North Dakota Supreme Court · 1992
- First State Bank of New Rockford v. AndersonNorth Dakota Supreme Court · 1990
- Alerus Financial, N.A. v. LambNorth Dakota Supreme Court · 2003
- Federal Land Bank of Saint Paul v. GefrohNorth Dakota Supreme Court · 1988
- Gust v. Peoples and Enderlin State BankNorth Dakota Supreme Court · 1989
9 more not listed; retrieve them via the Exa API.