Lang v. Sheriff of Burleigh CountyCivil No. 870037

Meschke, Justice.

Ernest R. Lang sued the Sheriff of Burleigh County, claiming that the Sheriff wrongfully issued a sheriff's deed on a foreclosure sale to the Bank of Steele. Lang sought to void the deed and damages of $315,344.60. The sheriff's deed had been the subject of Lang's counterclaim against the Bank of Steele in earlier litigation. That counterclaim was dismissed by the trial court and this court affirmed. Bank of Steele v. Lang, 399 N.W.2d 293 (N.D. 1987). The trial court dismissed Lang's complaint against the Sheriff for failing to state a claim upon which relief could be granted. Lang appeals. We affirm under NDRAppP Rule 35.1(a)(6).

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