SMITH v. MOUNTRAIL COUNTY

No. 7489.

70 N.W.2d 518 (1955)

John W. SMITH, Plaintiff and Appellant, v. MOUNTRAIL COUNTY, a duly organized County in North Dakota; Edward Will, Alan Miller, Trustee, Charles R. Fox, Bruce Cabot, J. J. Cohn, Hayes Goetz, Walter Bruington, J. S. Abercrombie, Edward Dannewitz, F. B. Taylor, Flora Walter, and all other persons unknown, claiming to have any right, title interest in or lien or encumbrance upon the property described in the Complaint, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied June 6, 1955.


Attorney(s) appearing for the Case

Hyland, Foster & Conmy, Bismarck, for plaintiff and appellant.

Ella Van Berkom, Minot, for defendants and respondents Edward Will and Edward Dannewitz.

Cox, Pearce & Engebretson, Bismarck, for defendants and respondents J. S. Abercrombie and Charles R. Fox.


JOHNSON, Judge.

This action is brought in statutory form, Section 32-1704, NDRC 1943, to determine adverse claims. The action involves the East Half of the Northwest Quarter (E½NW¼) and the West Half of the Northeast Quarter (W½NE¼) of Section 26, Township 157 North of Range 94 West of the 5th P.M., Mountrail County, North Dakota.

The defendant, Edward Will, answered separately alleging ownership of the East Half of the Northwest Quarter...

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