UNITED STATES v. ELVERUD

Civ. No. A2-85-99.

640 F.Supp. 692 (1986)

UNITED STATES of America, Plaintiff, v. Harry and Adeline ELVERUD, and Farmers State Bank of Leeds, North Dakota, a corporation, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

June 30, 1986.


Attorney(s) appearing for the Case

Rodney S. Webb, U.S. Atty., Fargo, N.D., for plaintiff.

Lowell P. Bottrell, Fargo, N.D., for Harry and Adeline Elverud.

Nicholas J. Spaeth, Atty. Gen., and Sarah M. Vogel, Asst. Atty. Gen., Bismarck, N.D., for amicus curiae State of N.D.

Neil F. Hartigan, Atty. Gen., Chicago, Ill., for amicus curiae State of Ill.

Thomas J. Miller, Atty. Gen., Des Moines, Iowa, for amicus curiae State of Iowa.

Robert T. Stephan, Atty. Gen., Topeka, Kan., for amicus curiae State of Kan.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Minn., for amicus curiae State of Minn.


MEMORANDUM AND ORDER

BENSON, Senior District Judge.

The United States brought this action to recover amounts due and owing on three separate promissory notes secured by real estate mortgages. The government also requests the mortgages be foreclosed, the property sold as provided by law, the government mortgages be declared a senior and subsisting lien, and defendants be adjudged to have no right, title or interest in the mortgaged property beyond a 60 day...

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