Farm Credit Bank of St. Paul v. StedmanCivil No. 890170

VandeWalle, Justice.

The appellants, Gary Stedman and June Stedman, appealed from an eviction action commenced in the county court for Foster County by the appellees. The Stedmans contend that a writ of assistance issued by the county court directing the Sheriff to enforce the appellees' eviction judgment was unconstitutional under the Fourth Amendment of the United States Constitution. The Stedmans further argue that NDCC § 47-18-04(2), authorizing the forced sale of a homestead for a debt secured by a mortgage, is unconstitutional under § 22 of Article XI of the North Dakota Constitution.

The Stedmans' arguments were previously raised and rejected in Farm Credit Bank v. Stedman, 449 N.W.2d 562 (N.D. 1989). See also Federal Land Bank of St. Paul v. Gefroh, 418 N.W.2d 602 (N.D. 1988), wherein we rejected the argument that Article XI, § 22 of the North Dakota Constitution forbids the foreclosure sale of a mortgaged homestead. Accordingly, we affirm under Rule 35.1(a)(7) of the North Dakota Rules of Appellate Procedure.

Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Herbert L. Meschke
William F. Hodny, D.J.
Ralph J. Erickstad, C.J.

Pederson, Surrogate Judge, and Hodny, District Judge, sitting in place of Gierke, J., and Levine, J., disqualified.