NORTHERN PACIFIC RAILWAY CO. v. ADVANCE REALTY CO.

No. 7535.

78 N.W.2d 705 (1956)

NORTHERN PACIFIC RAILWAY COMPANY, a corporation, Plaintiff and Respondent, v. ADVANCE REALTY COMPANY, a corporation et al., Joseph E. Gross, Susanna Gross, Shell Oil Company, a corporation, V. V. Bull, J. W. Harris, V. L. Jopling, Harold A. Wood, Trustee, Grady Jean, T. Craig Wright and Nattie E. Wright, Grady Jean, Trustee, James F. Weekes, Jr., J. P. Evans, Albert Oswald, G. W. Wallace, Dewey Daniell, Dave Black, Jacob Hieb, C. H. Hopkins, M. M. Hopkins, Harry H. Hunter, Gottlieb F. Werner, W. H. Skiff, Elizabeth Fuchs, Henry Fuchs, Frederick Fuchs, Martha Fuchs, also known as Martha Johnson, William Fuchs, Betty Lou Fuchs, Estell K. Healy, also known as Estelle K. Healy, The Security Land Company, a corporation, H. F. Hunter, Grant County, a municipal corporation, Archie Stewart, Goldie Stewart, Sacony-Vacuum Oil Company, Incorporated, Clarence L. Werner, William Besser, Sr., Gottlieb Werner, Kate A. Hopkins, United States of America, acting by and through the Administrator of the Farmers Home Administration, Ullne Loan Company, John C. Dalk, Florence M. Dalk, O. F. Warren, Thomas W. Leach, White Eagle Oil Company, a corporation, White Eagle, Gerald Hostetler, Otillia Hostetler, Delbert A. Wells, Arlene Wells, Lario Oil & Gas Company, a corporation, T. W. MacKay, W. A. McDowell, Violet Fuchs, L. G. Johnson, United States Smelting, Refining and Mining Company, Lee Hoff, Jr., Sacony-Vacuum Oil Company, Incorporated, Esther Zacher, Harry R. Zacher, Reinhold Zacher, Emilie Zacher, J. J. Ryan, Gottlieb Zeller, Jesse Bruhn, Elizabeth Bruhn, The Federal Farm Mortgage Corporation, a corporation, The Federal Land Bank of St. Paul, a corporation, Placid Oil Company, a corporation, Erle C. Beede, State Treasurer as Trustee for the State of North Dakota of Bismarck, North Dakota, State Treasurer, Bismarck, North Dakota, Los Nietos Company, a corporation, L. P. Arnold, Attorney-in-Fact for Los Nietos Company, a corporation, and all other persons unknown claiming any estate or interest In or lien or encumbrance upon the property described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

As Modified on Denial of Rehearing September 26, 1956.


Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismark, for appellants, V. L. Jopling, White Eagle, White Eagle Oil Co., John C. Dalk, Lee Hoff, Jr., Thomas W. Leach, Erle C. Beede, James F. Weekes, Jr., Joseph E. Gross, O. F. Warren, Placid Oil Co.

Emil A. Giese, Carson, for appellants, Joseph E. Gross, Susanna Gross, Placid Oil Co. and James F. Weekes, Jr.

Leslie H. Burgum, Atty. Gen., for appellant, State.

Robert A. Birdzell, Asst. Atty. Gen., for State Treasurer as Trustee for the State of North Dakota.

Torkelson & Morland, Bowman, for appellant Federal Farm Mortgage Corp., Robert J. Barry, Harold W. Lee and Stanley F. Casey, St. Paul, Minn., of counsel.

Conmy & Conmy, Fargo, for respondent.


GRIMSON, Judge.

This action is brought for the purpose of quieting title in plaintiff to all minerals in or under the following described property located in the County of Grant, State of North Dakota:

"All of fractional Section Nineteen (19), in Township One Hundred Thirty-One (131) North, Range Eighty-four (84) West of the Fifth Principal Meridian, Grant County, North Dakota, containing 628.88 acres, more or less. "All of Section One (1) in Township...

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