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SHONG v. FARMERS' & MERCHANTS' STATE BANK

No. 7494.

70 N.W.2d 907 (1955)

Peter M. SHONG, Plaintiff and Appellant, v. FARMERS' & MERCHANTS' STATE BANK, Inc., HUTCHINSON, MINNESOTA, a corporation; John A. Humbird, trustee; Hutchinson State Bank; R. L. Mackedanz; Ida Mackedanz; Mohall State Bank, a defunct banking corporation; Charles H. Pettis, also known as C. H. Pettis; Bertha Pettis; Ray Shong; Hans S. Rapp, administrator of the Estate of Alfreda Shong, deceased; the heirs of Alfreda Shong, deceased, namely, Grace Conway, Gladys Schmidt, also known as Mrs. Gordon Schmidt, Frances Shong, Franklin R. Shong, Hazel R. Shong, Alice B. Sulster, and Barton J. Westergren; and the County of Renville, North Dakota, a municipal corporation and a political subdivision of the State of North Dakota; and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, Defendants and Respondents.

Supreme Court of North Dakota.

June 7, 1955.

Attorney(s) appearing for the Case

Duane R. Nedrud, Minot, for plaintiff and appellant.

McGee & Van Sickle, Minot, for defendants and respondents.

JOHNSON, Judge.

This action comes to us for a trial de novo upon an appeal from a judgment of the district court of Renville County, North Dakota, decreeing that the plaintiff, Peter M. Shong, and the defendants, Gladys Schmidt, Grace Conway, Frances Shong, Franklin Shong, Hazel Shong, Barton J. Westergren, and Alice B. Sulster, the children of Alfreda Shong, deceased, are the owners as tenants in common of the South Half (S½) of Section 23, Township 163, Range...

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