HOLBECK v. HULL

No. 7761.

97 N.W.2d 666 (1959)

Halvor F. HOLBECK, Plaintiff and Respondent, v. Esther V. HULL and Lathrop W. Hull, individually and as trustees under the Last Will and Testament of J. Y. Hull, deceased, Gertrude Hull Felker, Ella J. Ewens, as heirs and devisees of J. Y. Hull, deceased; Ivan Murray and John F. Mullaney, The Texas Company, Thomas G. Dorough, McKenzie County, North Dakota, a municipal corporation, and all other persons unknown claiming any estate or interest in or lieu or encumbrance upon the property described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 28, 1959.


Attorney(s) appearing for the Case

Cox, Pearce & Engebretson, Bismarck, for appellants, Texas Company and Thomas G. Dorough.

Walter O. Burk, Williston, for appellants, Ivan Murray and John F. Mullaney.

John O. Garaas, Watford City, and Lathrop W. Hull, Chicago, Ill., for Esther V. Hull and Lathrop W. Hull, individually and as trustees under Last Will and Testament of J. Y. Hull, deceased, Gertrude Hull Felker, Ella J. Ewens, as heirs and devisees of J. Y. Hull, deceased.

Bjella, Jestrab & Neff, Williston, for respondent.

Strutz, Jansonius & Fleck, Bismarck, amicus curiae.


BURKE, Judge.

This is an action to determine adverse claims to 120 acres of real property located in McKenzie County. The plaintiff claimed an interest in the land described in the complaint under an oil and gas lease. The several defendants, by answer and counterclaim, asserted interests in said land adverse to the plaintiff and adverse to each other. Trial of the case resulted in a judgment decreeing that the plaintiff was the owner of a valid oil and gas lease...

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