SEVERSON v. SIMON

No. 7870.

110 N.W.2d 289 (1961)

Carl SEVERSON, C. R. Cole, Oscar Knutson, William M. Moo, M. J. Sigfried, formerly M. J. Larson, Geneva Lilleskov Schenk, Eleanor Lilleskov Gallagher, Bernice Taylor, Russell Lagerberg and Eugene Lagerberg, Plaintiffs and Appellants, v. Lawrence A. SIMON, Nettie M. Simon, Hazel E. Kyle, Raymond L. Simon, Norman M. Nelson, Gus O. Nelson, LeRoy Nelson, Beatrice Nelson Odegard, LeRoy Nelson, as general guardian of Allen L. Nelson, Wade G. Nelson, and Louise Marie Nelson, minors, DeMaris Simon, DeMaris Simon, as general guardian of Ronald V. Simon, Alma Mae Osborne, Bonnie Jean Krause, Lilliam C. Simon, John A. Simon, Neva Simon Cornell, Mabel Simon North, O. B. Simon, Ida Olson, Williams County, North Dakota, a public 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.

Supreme Court of North Dakota.

August 10, 1961.


Attorney(s) appearing for the Case

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

Ilvedson, Pringle, Herigstad & Meschke, Minot, for defendants and respondents.


SATHRE, Chief Justice.

The plaintiffs brought this action to quiet title to the North one-half of the Northwest quarter of Section Thirty-three, Township One Hundred Fifty-five, Range Ninety-three, Williams County, North Dakota. The complaint is in the statutory form. The defendant who answered, DeMaris Simon, claims title by adverse possession, payment of taxes for more than ten years, and laches on the part of the plaintiffs in bringing the action.

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