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BRANDHAGEN v. BURT

No. 8034.

117 N.W.2d 696 (1962)

Kenneth BRANDHAGEN and Monica K. Brandhagen, Plaintiffs and Appellants, v. E. M. BURT and Cavalier Super Valu, Inc., a North Dakota Corporation, Cavalier, North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied November 5, 1962.

Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for plaintiffs and appellants.

Shaft, Benson & Shaft, Grand Forks, for defendants and respondents.

STRUTZ, Judge.

This is an action to quiet title to a portion of Lot Two (2) in Block Eleven (11), Original Townsite of Cavalier, North Dakota. The action involves encroachment of a building owned by the defendant E. M. Burt and located on a lot adjoining that of the plaintiffs, but extending eighteen inches onto the plaintiffs' property to which title is being quieted. Plaintiffs further pray for $10,000 damages for use and occupation of the eighteen-inch strip of...

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