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GIBBONS, C.J., concurring in part and dissenting in part: Although I concur with the majority that the burden of proof of payment of the debit is upon HODC, I would remand this case for a new trial. The district court incorrectly concluded that HODC had a right of redemption by payment of this lien post sale. Regardless, further findings of fact must be done so that the district court can determine if HODC can meet its burden of proof.
Document Info
Docket Number: No. 71268
Judges: Gibbons, Hardesty, Pickering
Filed Date: 3/14/2019
Precedential Status: Precedential
Modified Date: 10/18/2024