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PARK BOARD OF CITY OF WILLISTON v. SCHUMACHER

No. 7579.

77 N.W.2d 826 (1956)

The PARK BOARD OF CITY OF WILLISTON, North Dakota, Plaintiff and Respondent, v. Fred SCHUMACHER, as the guardian of Edward Brugger, Incompetent, Fred Schumacher, Robert Laird, Charles Laird, Meta O'Halloran, Louis Schumacher, Clara Hutchinson, Edna Nelson, and Carl Schumacher, Carl Robert Wittmeier and Robert S. Wittmeier, as the sole heirs, devisees, and legatees of Virginia S. Wittmeier, deceased, 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, and Robert S. Wittmeier, Defendant and Appellant.

Supreme Court of North Dakota.

July 2, 1956.

Attorney(s) appearing for the Case

Dean Winkjer, Williston, for defendant and appellant.

Walter O. Burk, Williston, for defendants and respondents Schumacher et al.

Bjella, Jestrab & Neff, Williston, for plaintiff and respondent.

JOHNSON, Judge.

This is a statutory form of action to quiet title brought by the plaintiff to determine adverse claims to Block 10 of Wittmeier Addition to the City of Williston, according to the recorded plat thereof in the office of the register of deeds, Williams County, North Dakota, which block is sometimes known as Riverside Park. Robert S. Wittmeier interposed a separate answer and counterclaim to the complaint alleging that he was the sole heir at law of Virginia...

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