Baker v. Sabinash

VANDE WALLE, Chief Justice.

[¶ 1] Marlin and Tanya Sabinash appealed from a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. Because the district court erred as a matter of law in determining the county tax lien was superior to the interest held by the State through a Bank of North Dakota mortgage on the property, we reverse and remand for entry of judgment quieting title to the property in favor of the Sabinashes and for further proceedings consistent with this opinion.

I

[¶ 2] In 1992, Marlin Sabinash owned real property subject to a mortgage with…