SCHAFFER v. SMITH

No. 7927.

113 N.W.2d 668 (1962)

Michael SCHAFFER and Pauline Schaffer, Plaintiffs and Respondents, v. W. Hinkel SMITH, W. Hinkle Smith, W. Hinckle Smith, Mart B. Koon, W. P. Martin, William P. Martin, Wm. P. Martin, W. T. Jennings Lumber Co., a corporation, Dakota Appliance Co., a corporation, Kenneth Hessinger, Monson Contracting Co., a corporation, Donald Henschel, Bismarck Lumber Co., a corporation, Atlas Ready-Mix, a corporation, Hessinger Plumbing Co., Fred J. Hessinger, an individual, d/b/a Fred J. Hessinger Plumbing and Heating Co., Midwest Floor Covering Co., a corporation, Glen Perman, Thomas Fitzsgibbons, Lawrence Schubert, and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied March 22, 1962.


Attorney(s) appearing for the Case

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for W. T. Jennings Lumber Co., Fred E. Saefke, Jr., for Hessinger Plumbing & Heating, E. J. Rose, Bismarck, for Bismarck Lumber Company and Western Concrete Products.

Rausch & Chapman, Bismarck, for plaintiffs and respondents.


CLIFFORD SCHNELLER, District Judge.

The above action is one to quiet title to the following described real estate situated in Burleigh County, North Dakota, to-wit:

The East 55 feet of the West 125.73 feet of the North 242 feet of Block 7 of Lincoln Addition to the City of Bismarck.

The complaint is in statutory form.

The defendants who are appellants here, W. T. Jennings Lumber Co., a corporation, Bismarck Lumber Company, a corporation, and...

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