HOGUE v. BOURGOIS

No. 7469.

71 N.W.2d 47 (1955)

Raymond HOGUE, Edward Hogue, Roy Small, Thore Naaden, A. R. Tavis, Paul Wachter, and Eugene Wachter, Plaintiffs-Appellants, and The State of North Dakota, Intervenor-Appellant, v. Ervin BOURGOIS, Milan G. Ward, Birlea O. Ward, Robert G. Ward; Imogene Ward Christensen, Claire Ward Engelhardt, and Steve Ward, Heirs of R. D. Ward, deceased; Callie Campbell, Stephen Callaway, James Callaway and Virginia Callaway Williamson, Heirs of Mrs. J. C. Calloway, deceased; Mrs. A. Lincoln Shute, Albert Bourgols, Martha Schmidt, Christine B. Bechill, Paul Bourgols, Ruth Bourgois, Ervin Bourgois, as Guardian of the Person and Estate of Ruth Bourgols, Incompetent, Sidney Bourgois, Gilbert Bourgois, Helen Bourgols, Josephine Hoge, Ira Hoge, William Hoge, Clara Fristad, Paul Hoge; Norman Hoge, Robert Hoge, Marlys Hoge Riker, Jerome Hoge, Catherine E. Morris, as Guardian of the Person and Estate of Jerome Hoge; May Alice Sims, Henry Entzel, Mathilda Entzel, Delilah Wetzstein, Katherine Borden, James T. McGillic, Blossom L. McGillic, Claude A. Henderson, Charles Zachmeier, Soder Investment Co., a corporation, Northern Pacific Railway Company, a corporation, Continental Oil Company, a corporation, The Pure Oil Company, a corporation, The Carter Oil Company, a corporation, Phillips Petroleum Company, a corporation, Shell Oil Company, a corporation, Federal Farm Mortgage Corporation, a corporation, Morton County, a public corporation, all persons unknown claiming by, through, or under the following deceased persons, viz., Martin Bourgois, Aidyth Ward, Gus Hoge, and Helene L. Bourgols, and all persons unknown claiming some interest or estate in or lien or encumbrance upon the property described in the complaint, Defendants-Respondents.

Supreme Court of North Dakota.

Rehearing Denied July 1, 1955.


Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, for appellants.

Charles D. Cooley, Mandan, for plaintiffs-appellants.

Paul Benson, Atty. Gen., and C. E. Brace, Asst. Atty. Gen., for intervenor and appellant the State of North Dakota.

Rausch & Chapman, Bismarck, for defendant Ervin Bourgois, individually and on behalf of all the heirs of Martin Bourgois, deceased.

C. L. Young, Bismarck, for defendants Milan G. Ward, Birlea O. Ward, Robert G. Ward and the heirs of R. D. Ward, the heirs of Mrs. J. C. Calloway, Mrs. A. Lincoln Shute, and the heirs of Aldyth Ward.

Register & Thompson, Bismarck, for defendant Soder Investment Company.

Cox, Cox, Pearce & Engebretson, Bismarck, for defendants Continental Oil Company, The Pure Oil Company, The Carter Oil Company and Phillips Petroleum Company.


EUGENE A. BURDICK, District Judge.

This is an action to quiet title and to determine adverse claims to a tract of land surveyed and platted as "Bourgois Island" in Burleigh County. The plaintiffs allege title by appropriate conveyance from the State of North Dakota by its Board of University and School Lands in June, 1950 and contend that Bourgois Island formed as an island in the Missouri River and grew to its present size by the accretion of alluvial deposits. The...

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