McGEE v. STOKES' HEIRS AT LAW

No. 7553.

76 N.W.2d 145 (1956)

Ivan McGEE, Plaintiff and Respondent, v. The HEIRS at LAW, Legatees and Devisees of Samuel S. STOKES, Deceased; the Residuary Legatees and Devisees of Mark S. Stokes, Deceased; Olivet Congregational Church of Merriam Park, St. Paul, Minnesota, a religious corporation; Ella L. Bartlett, Mary Ella Hamilton, Fannie May Cady; the Heirs at Law, Legatees, and Devisees of Annie Maddock, Deceased, Lewis Maddock, W. M. Spellisy, Keith L. Rising, the Great Northern State Bank of St. Paul, Minnesota, a corporation, John Tellers, Jr., Sadie M. Steiner, Amy Fall Richardson, The Rickenbacker Motor Company, a corporation, The Citizens State Bank of Frazee, Minnesota, a corporation, Chesebro L. Smith, The Rindlaub Company, a corporation, Peter A. Chalmers, Isa Chalmers, Peter Allan Chalmers, Lois M. Braun, and all other persons unknown having or claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, Defendants, Appeal of Agnes TELLERS, Caspar Tellers, Kenneth Tellers, Gordon Tellers, Lois Tellers, and Phyllis Tellers, surviving heirs of John Tellers, Jr., for themselves and for the use and benefit of J. S. Martin, Intervenors and Appellants.

Supreme Court of North Dakota.

Rehearing Denied April 20, 1956.


Attorney(s) appearing for the Case

M. S. Byrne, Bowman, Hyland, Foster & Conmy, Bismarck, for intervenors and appellants.

John A. Amundson, Bowman, Mackoff, Kellogg, Muggli & Kirby, Dickinson, for plaintiff and respondent.


JOHNSON, Judge.

This is an action to quiet title, commenced on the 31st day of March 1953. It covers considerable land not involved in this appeal. The issues in this case involve only the South Half of the North Half (S½ N½) Section 21, Township 129 West of Range 105 North of the 5th P.M. The plaintiff purchased this and other real property from Bowman County, North Dakota, under a contract for deed, dated December 5, 1952. John Tellers, Jr., was named...

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