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FLECK v. STATE

No. 7473.

71 N.W.2d 636 (1955)

John M. FLECK and Elizabeth Fleck, Plaintiffs and Respondents, v. STATE of North Dakota and John O. Lyngstad, Commissioner of the Board of University and School Lands, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied August 26, 1955.

Attorney(s) appearing for the Case

Paul Benson, Atty. Gen., C. E. Brace, Asst. Atty. Gen., for appellants.

J. K. Murray, Bismarck, for respondents.

GRIMSON, Judge.

This is an action to determine adverse claims to real estate. The issue involved is the ownership of one-half of the oil, natural gas and minerals in Section 24, Township 145, Range 95.

On March 19, 1938, the plaintiffs, John M. Fleck, and his wife, Elizabeth, made a loan of $4,400 from the permanent school fund of the State of North Dakota, due Dec. 1, 1949. To secure the loan they gave a real estate mortgage on Section 24, Township 145, Range...

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