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GILLIES v. RADKE

No. 7306.

54 N.W.2d 155 (1952)

GILLIES et al. v. RADKE et al.

Supreme Court of North Dakota.

Rehearing Denied July 12, 1952.

Attorney(s) appearing for the Case

DePuy & Homme, Grafton, for plaintiffs and respondents.

Shaft & Benson, Grand Forks, for defendants and appellants.

MORRIS, Chief Justice.

This suit originated as an action for an injunction wherein the plaintiffs allege they are the fee simple owners of a quarter section of land in Pembina County. The original complaint sets forth:

"That plaintiffs are entitled to the possession and use of the said premises but that the defendants have wrongfully and unlawfully interfered and wrongfully and unlawfully threaten to interfere with plaintiffs' possession and use thereof and...

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