CConnecticut General Life Insurance Company v. RottNo. 870106

Levine, Justice.

Defendants Virgil Rott and Shirley Rott appeal from a judgment of the LaMoure County Court compelling the restitution of real estate to the plaintiff Connecticut General Life Insurance Company. Defendants' sole argument on appeal is that the mortgage and forced sale of the Rott homestead violates Art. XI, § 22 of the North Dakota Constitution. In Federal Land Bank v. Gefroh, _ N.W.2d _, Civil No. 870166 (N.D. 1987), we held that NDCC § 47-18-04, which permits the enforcement of a mortgage on a homestead, does not violate Art. XI, § 22 of the North Dakota Constitution. Accordingly, the judgment below is affirmed under Rule 35.1(a)(7), NDRAppP.

Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Herbert L. Meschke
Ralph J. Erickstad, C. J.