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BERRY QUASHES WRIT: CASE GOES TO STATE COURT TEST OF CONSTITUTIONAL ITY OF TWO YEAR FORECLOSURE MORATORIUM test action on year demption period mortgages ed against Sheriff Robert Gray by L. R. Baird, state bank receiver went to the state supreme court Monday Judge H. Berry quashed Baird's writ of mandamus against Following hearing in Morton during which the writ was quashed. George Shafer attorney for Baird, filed notice of appeal and declared he would take the to the supreme court for decision He also intimated that he would request the case put forward the supreme court calendar cause of its importance and the fact that it affects all mortgages in the state in force when mea sure allowing the extra year was passed by the state legislature Kelsch, county state's attorney and counsel for Gray, moved Monday that the writ quashed, Shafer lowed to appeal to the state preme decision Berry issued the writ nearly week requiring Gray to give sheriff's deed to Baird for proper ty mortgaged to the Flasher State bank by Mr. and August of Flasher Kelsch de murred, and Berry set the hearing for Monday Challenging the law passed by the as retroac in effect and an of the rights contract, Baird and Shafer seek to have the law from the They point out that in attempt ing to apply the law to mortgages already force at the time of passage, exceed their constitutional The Beckstrom mortgage became due March 11, 1932. and Beckstrom granted year redeem fore the sheriff's deed might be The two year redemption was passed in the latter part February when the year's re demption period was almost ex pired. Baird opened a week ago, when Gray refused the deed at the of the Taking refuge the new demption allotment, Gray declared