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CHAPIN v. LETCHER

No. 7731.

93 N.W.2d 415 (1958)

LincoIn CHAPIN, Jr., and Donald E. Chapin, Plaintiffs and Respondents, v. Edwin LETCHER, John Letcher, Phillip Letcher, Daniel Letcher, Margaret Peterson, William Stoughton, Myron Stoughton, Mildred Stafne, Winnifred Dewhirst, Myrtle Jore, Rosemary Fox, Olaus Hasby, also known as Ole Hasby, Olaus J. Hasby, and as O. J. Hasby; Phillip Fellman, Marjorie Harbough, Edward Fellman; the unknown heirs, creditors, or devisees of M. W. Hasby, also known as Margrate W. Hasby, and as Margareth W. Hasby, deceased; the unknown heirs, creditors or devisees of Cella Fellman, deceased; McKenzie County, North Dakota, a public corporation, and political subdivision of the State of North Dakota; and all other persons, unknown, claiming any estate in, or lien or encumbrance upon the real property described in the complaint, Defendants and Appellants.

Supreme Court of North Dakota.

December 2, 1958.

Attorney(s) appearing for the Case

Bjella, Jestrab & Neff, Williston, for appellants Phillip Fellman, Edward Fellman, and Marjorie Harbough.

John F. Mullaney, Watford City, for appellants Edwin Letcher, William Stoughton, Myron Stoughton, Mildred Stafne, Rosemary Fox, Winnifred Dewhirst, Olaus Hasby, Myrtle Jore, Daniel Letcher, Margaret Peterson, John Letcher, and Phillip Letcher.

Burk & O'Connell, Williston, for respondents.

Cox, Pearce & Engebretson, Bismarck, amicus curiae.

GRIMSON, Chief Justice.

This is an action to quiet title to Lots 3 and 4 of Section 4, and the South Half (S½) of the Northeast Quarter (NE¼), and Lots One (1) and Two (2) of Section Five (5), in Township One Hundred Fifty-one (151) North, Range 95, West of the 5th. Principal Meridian.

It appears that the patent to this land was issued by the United States to Olaus J. Hasby on Jan. 21, 1919. Later he married a widow, mother of seven children, by...

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