Sailer v. Northwestern Federal Savings and Loan AssociationCivil No. 920170

Meschke, Justice.

Wayne and Betty Sailer appeal a judgment dismissing their claim for conversion against Northwestern Federal Savings and Loan Association, a/k/a Northwestern Savings Bank ("Bank"). The Sailers installed underground tanks and related equipment at a convenience store leased by them in a mobile home court that was mortgaged to the Bank. The Bank subsequently acquired the mobile home park in lieu of foreclosure. The trial court ruled that the Bank had not converted the tanks and equipment.

The trial court's findings of fact are not clearly erroneous. See Klocke v. Troske, 57 N.D. 404, 222 N.W. 262 (1928); Farm Credit Bank of St. Paul v. Martinson, 453 N.W.2d 816 (N.D. 1990). Affirmed under NDRAppP 35.1 (a) (2) and (7).

Herbert L. Meschke
Beryl J. Levine
Gerald W. VandeWalle
J. Philip Johnson
Ralph J. Erickstad, C.J.