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GASIOR v. WENTZ

No. 7720.

89 N.W.2d 886 (1958)

Stanley GASIOR, Plaintiff and Appellant, v. Henry WENTZ, Dean Smith, also known as Dean F. Smith, R.V. Hodge, and T. F. Hodge, Defendants and Respondents.

Supreme Court of North Dakota.

April 29, 1958.

Attorney(s) appearing for the Case

J. K. Murray, Bismarck, for appellant.

Cox, Pearce & Engebretson, Bismarck, for respondents.

SATHRE, Judge.

The plaintiff is the owner of the E ½ of Section 26, and all of Section 35, Township 142, Range 83, Oliver County, North Dakota. The purpose of this action is to cancel two mineral deeds executed by the plaintiff to the defendants Dean Smith, R. V. Hodge, and T. F. Hodge claimed to have been obtained from the plaintiff through fraud and misrepresentation by the defendants.

The complaint alleges in substance that on the 9th day of May 1951...

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