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WALLENTINSON v. WILLIAMS COUNTY

No. 7852.

101 N.W.2d 571 (1960)

Peter WALLENTINSON and Hannah Wallentinson, his wife, as Joint Tenants; Louis A. Johnson; Fred B. Johnson; John K. Trenbeath; F. Kent Vosper; Russell Vosper; Dwight Holmes; Nellie W. Vosper; Berniece M. Fleckten; and Lenore M. Jensen; Plaintiffs and Respondents, v. WILLIAMS COUNTY, North Dakota, a Public Corporation; The Federal Land Bank of Saint Paul, a Corporation; and all other persons unknown, claiming any estate or interest in or lien or encumbrance upon the property described in the complaint; Defendants and Respondents, and North Dakota State Highway Department and The State of North Dakota; Defendants and Appellants.

Supreme Court of North Dakota.

February 29, 1960.

Attorney(s) appearing for the Case

Bjella, Jestrab & Neff, Williston, and L. W. Fraase, Tioga, for plaintiffs and respondents.

Walter O. Burk, Williston, Robert J. Barry, Michael A. Schmitt, Stanley F. Casey and Harold W. Lee, St. Paul, Minn., for defendant and respondent Federal Land Bank of Saint Paul.

Michael R. McIntee, State's Atty., Williston, for defendant and respondent Williams County.

Leslie R. Burgum, Atty. Gen., and Vernon R. Pederson and Francis Breidenbach, Sp. Asst. Attys. Gen., for defendants and appellants.

Cox, Pearce & Engebretson, Bismarck, amicus curiae.

STRUTZ, Judge.

The plaintiffs bring this action to quiet title to a tract of land in Williams County, North Dakota, described as:

Southwest Quarter (SW 1/4) of Section 10, Township 156 North, Range 95 West.

The Federal Land Bank of Saint Paul was joined as a defendant in the complaint. The plaintiffs, however, acknowledge the interest of The Federal Land Bank in certain minerals in and under the real estate described, and no adverse issue is presented...

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