Des Lacs Valley Land Corp. v. Herzig

20000033 Des Lacs Valley Land Corp., Plaintiff and Appellant
v.
Daniel Herzig a/k/a Dan Herzig
a/k/a Daniel E. Herzig, Violet
Herzig, Karla D. Herzig, and
James Herzig, Defendants and Appellees

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Glenn Dill III
Nature of Action: Real Property
Counsel:
Appellant: McGee, Hankla, Backes & Dobrovolny
Appellee: Olson & Burns P.C.
Term: 09/2000   Argument: 09/20/2000  1:30pm
ND cite: 2001 ND 17
NW cite: 621 N.W.2d 860


Issues: Appellant's Statement of the Issues:
1. Did the trial court err, as matter of law, when it held, in reliance upon parol evidence, that a real estate transaction evidenced by two quit claim deeds executed on two separate occasions was not a conveyance of real property in fee simple, but rather a "security" arrangement; or alternatively, did it make a clearly erroneous finding of fact?
2. Can a trial court void a mortgage where only the mortgagor and not the mortgagee is a party to the action, and on the basis that the mortgagor did not own the property at the time the mortgage was executed?

Appellee's Statement of the Issues:
1. After reviewing all of the evidence presented, was the trial court correct when it determined that the real estate transaction which occurred between Violet Herzig and Des Lacs Valley Land Corp. was a security agreement and not a conveyance of property in fee simple?
2. Was the trial court correct when it determined that a mortgage was void where the mortgagor did not have proper title to transfer at the time the mortgage was executed?

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Docket entries:
102/07/2000 NOTICE OF APPEAL: 02/03/2000
202/07/2000 ORDER FOR TRANSCRIPT (Sandra Ostrom): 02/03/2000
302/07/2000 Acknowledgment of order for transcript from Sandra Ostrom to Shane Goettle
402/24/2000 RETENTION OF RECORD ON APPEAL: 03/24/2000
503/23/2000 MOT. EXT/TIME TRANSCRIPT (letter form)
603/23/2000 ACTION BY CHIEF DEPUTY CLERK (CMB). Granted: 04/14/2000
704/14/2000 TRANSCRIPT DATED JULY 22, 1999
804/17/2000 DISK - Transcript
904/17/2000 RECORD ON APPEAL, exhibits 1-13. & Defendant's exhibits A-I
1005/24/2000 APPELLANT BRIEF
1105/24/2000 APPELLANT APPENDIX
1205/25/2000 DISK - atb
1305/30/2000 Corrected pages iii and 6 of the ATB (inserted into ATB)
1405/30/2000 DISK - ATB (corrected)
1506/22/2000 APPELLEE BRIEF
1606/23/2000 DISK - AEB
1707/10/2000 REPLY BRIEF
1807/11/2000 DISK - RYB (Quick View Plus)
1908/04/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
2008/08/2000 SITTING WITH THE COURT: Bekken, James M.
2109/20/2000 APPEARANCES: Shane C. Goettle; Gary H. Lee
2209/20/2000 ARGUED: Goettle; Lee (Vol. X; page 58B)
2302/01/2001 DISPOSITION: AFFIRMED
2402/01/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
2502/01/2001 Costs on appeal taxed in favor of appellee
2602/02/2001 Order/Judgment Mailed to Parties
2702/28/2001 MANDATE
2803/14/2001 Corrected/Substitute Opinion Page 4, 6th line from top of page, first word.
2903/02/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3005/07/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014