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BANK MIDWEST, MN, IA, N.A. v. LIPETZKY

No. C1-02-1747.

661 N.W.2d 290 (2003)

BANK MIDWEST, MINNESOTA, IOWA, N.A., Appellant, v. Jerome LIPETZKY, et al., Respondents, James Lipetzky, et al., Respondents.

Court of Appeals of Minnesota.

May 20, 2003.

Attorney(s) appearing for the Case

Michael S. Dove, Peter D. Favorite, Gislason & Hunter LLP, New Ulm, for appellant.

John H. Schnobrich, Jennifer L.J. Gilk, Estebo, Schnobrich, Frank & Gilk, Ltd., Redwood Falls, for respondents Jerome Lipetzky, et al.

Thomas W. Van Hon, Fairfax, for respondents James Lipetzky, et al.

Considered and decided by HARTEN, Presiding Judge, SCHUMACHER, Judge, and MINGE, Judge.

OPINION

HARTEN, Judge.

The district court granted summary judgment canceling a contract for deed between respondents, vendors and vendees of farmland, after determining that the contract for deed provisions voided both the assignment of the contract for deed and the mortgage on the farmland securing the vendees' debts to appellant, a bank. The district court also determined that appellant bank was not entitled to an equitable mortgage on the property. Because...

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