ENGEN v. KINCANNON

No. 7590.

79 N.W.2d 160 (1956)

Otto ENGEN, Plaintiff, Appellant and Cross Respondent, v. Millard KINCANNON, Mountrail County, a Municipal Corporation, Theadore L. Kincannon, L. R. Baird, as Receiver of the Citizens State Bank of Tagus, North Dakota, F. L. Stangl, Hannah L. Cline, L. M. Rutten, Frank J. Bach, as representative of the Estate of Hannah L. Cline, Deceased, and Executor of the Estate of Hannah L. Cline, Deceased, Anna L. Kincannon, C. M. Tollefson, George I. Rolf, Julia Tollefson, Jacob Weber, August P. Nelson, Clarkfield State Bank, Clarkfield, Minnesota, a foreign corporation, Olof P. Nelson, Nellie F. Church, Andrew E. Nelson, J. Charlson, Clara Olson, Perry Bailey, Richards Trust Company, a foreign corporation, Tobias Bailey, Carl O. Moen, W. F. Moore, Lydia Moen, Mrs. Mary Dixon, Ernest Kath, H. E. Strubeck, Nellie Quill, Drake-Ballard Company, a foreign corporation, Isadore F. A. Glubka, Mrs. Anna R. Glubka, G. W. Higgins, Mary Anna Higgins, Ben Bronson, Annie L. Wilson, A. N. Rogers, Benjamin E. Sauter, Northwestern National Bank and Trust Company, a foreign corporation, successor to Minnesota Loan & Trust Company as Trustee under the Will of Minnie F. Chapin, Deceased, M. C. Egan, Hugh Egan, Ella J. Halvorson, Effie A. Halvorson, Olga H. King, Cora E. Striegel, J. E. Vanstrom, The Bankers Farm Mortgage Company, a foreign corporation, Alf O. Nelson, E. E. Peterson, Montana-Dakota Power Company, a corporation, Edwin L. Lorentson, Rose L. Brugman, Piper Howe Lumber Company, a corporation, Nelse G. Nelson, Ernst Reiff, C. W. Chapman, Union Investment Company, a foreign corporation, Mary Brugman, Margaret Doran, John C. Barry, Isabella Barry, Ida S. Barry, Simon W. Barry and all other persons unknown, claiming any estate or interest in or lien or incumbrance upon the property described in the complaint, Defendants, and Alta Cochrane, as administratrix of the Estate of Lucy Ann Kincannon, also known as Anna L. Kincannon, and as sole heir at law of Lucy Ann Kincannon, also known as Anna L. Kincannon, Defendant, Respondent and Cross Appellant.

Supreme Court of North Dakota.

October 26, 1956.


Attorney(s) appearing for the Case

Joseph J. Funke, Minot, for plaintiff and appellant.

Halvor L. Halvorson, Jr., and Jonathan C. Eaton, Jr., Minot, and Thorwald Hansen, Duluth, Minn., for defendant and respondent Alta Cochrane.


MORRIS, Judge.

We rendered a decision affirming that of the trial court. Both the appellant and respondent filed petitions for a rehearing which was ordered. This opinion is written upon reargument and a reconsideration of the entire case.

On December 15, 1943, Otto Engen secured a judgment quieting title in him to a large number of tracts of land in Mountrail County including the Northeast Quarter and the Southwest Quarter of Section 17, Township 155, Range...

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