Malloy v. Behrens

Summary

The North Dakota Supreme Court held that the sheriff complied with statutory requirements to use personal property before real property, that the increased $150,000 homestead exemption applied to the execution sale, and that sale proceeds could not be offset against the senior mortgage. The court affirmed the execution and sale orders in part, reversed the application of the pre‑amendment exemption and the mortgage set‑off, and remanded for further proceedings consistent with its decision.