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SAILER v. MERCER COUNTY

No. 7154.

45 N.W.2d 206 (1950)

SAILER v. MERCER COUNTY et al.

Supreme Court of North Dakota.

Rehearing Denied December 29, 1950.

Attorney(s) appearing for the Case

W. H. Esterly, Beulah, and Sullivans, Kelsch, & Lord, Mandan, for plaintiff and respondent.

Mackoff, Kellogg & Muggli, Dickinson, and Floyd B. Sperry, Golden Valley, for defendant and appellant.

NUESSLE, Chief Justice.

This is an action to quiet title. See Section 32-1701, Chapter 32-17, RC 1943. The defendant Smith answering, the other defendant defaulting, challenged the right of the plaintiff to bring the action on the ground that the plaintiff had no such right or interest in the land involved as to entitle him to bring the action. The case was tried to the court. Judgment was ordered and entered for the plaintiff. Whereupon Smith perfected the instant...

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