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SALZSEIDER v. BRUNSDALE

No. 7728.

94 N.W.2d 502 (1959)

Howard SALZSEIDER, Edward Salzselder and Nora Salzselder, Plaintiffs and Respondents, v. Norman BRUNSDALE, as Governor; Ben Meier, as Secretary of State; Berta E. Baker, as State Auditor; Leslie R. Burgum, as Attorney General, and Marvell F. Peterson, as Superintendent of Public Instruction of the State of North Dakota, as members of the "Board of University and School Lands" and their successors in office; and Anton J. Schmidt, as State Land Commissioner, and his successor in office, Defendants and Appellants.

Supreme Court of North Dakota.

January 28, 1959.

Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., and John E. Adams, Asst. Atty. Gen., for appellants and defendants.

Johnson & Milloy, Wahpeton, Strutz, Jansonius & Fleck, Bismarck, for respondents and plaintiffs.

BURKE, Judge.

In this action plaintiffs sought a declaratory judgment decreeing that a mineral reservation, contained in a contract for deed to certain lands in LaMoure County issued by the Board of University and School Lands to the plaintiffs, did not include the gravel that might be found in or on the lands described in the contract. The case was submitted to the trial court upon appropriate pleadings and evidence adduced...

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