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PAYNE v. A. M. FRUH COMPANY

No. 7752.

98 N.W.2d 27 (1959)

John W. PAYNE; Roland M. Gross and Winifred E. Gross; Ida M. Harwood and Walter J. Harwood; Broken Bone 99 Corporation of Grand Forks, North Dakota, a corporation; Ronald Crighton; D. J. Lamb; James P. Griffin; Hunter S. Smith and Elva M. Smith, husband and wife, as joint tenants; E. O. Hamberg and Elsie Hamberg, joint tenants; G. E. Petters; and John Ingwalson; Walter Kamp and Anita Kamp, Plaintiffs and Respondents, v. A. M. FRUH COMPANY et al., Defendants and Appellants.

Supreme Court of North Dakota.

August 3, 1959.

Attorney(s) appearing for the Case

McGee and Van Sickle, Ilvedson, Pringle, Herigstad & Meschke, Palda, Palda & Peterson, Minot, Everett E. Palmer, Williston, Shaft, Benson & Shaft, Grand Forks, Samuel H. Dolve, Minot, Telmar E. Rolfstad, Williston, H. Morris Borstad and Comart Peterson, Tioga, Joseph P. Stevens, Minot, Strutz, Jansonius & Fleck, Bismarck, Burk & O'Connell, Williston, for defendants and appellants.

Bjella, Jestrab & Neff, Williston, for plaintiffs and respondents.

BURKE, Judge.

This is a statutory action to determine adverse claims to interests in real property. The plaintiffs claim title to their respective interests in the land described in the complaint by virtue of deed from Williams County to the plaintiff, Walter Kamp, of land acquired by the county in tax proceedings and by other conveyances subordinate thereto. The defendants claim title to perpetual non-participating royalty interests in the described land, derived...

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