PERRY v. ERLING

No. 8161.

132 N.W.2d 889 (1965)

Isabel M. PERRY, Plaintiff and Respondent, v. James P. ERLING, Margaret H. Erling, and Margaret H. Erling, James Phillip Erling and Philip B. Vogel, as Executors of the Estate of Herman C. Erling, Deceased, and Jack Fox, Gladys Fox, Rose Marie Erling, Defendants and Appellants, Park District of the City of Bismarck, a public corporation, Defendant and Appellant, Warren Whitson et al., Defendants.

Supreme Court of North Dakota.

Rehearing Denied February 23, 1965.


Attorney(s) appearing for the Case

Zuger, Zuger & Bucklin, Bismarck, for defendant and appellant Park District of City of Bismarck.

William R. Mills, Bismarck, for defendants and appellants James P. Erling, Margaret H. Erling, and Margaret H. Erling, James Phillip Erling, and Philip B. Vogel, as Executors of Estate of Herman C. Erling, Deceased, and Jack Fox, Gladys Fox, and Rose Marie Erling.

Milton K. Higgins, Bismarck, for plaintiff and respondent.


ERICKSTAD, Judge.

In this case we have two separate appeals from a judgment entered in December, 1963, by the District Court of Burleigh County, quieting title to certain land in the plaintiff, Isabel M. Perry. A trial de novo is demanded.

The defendant Park District of the City of Bismarck, a public corporation, appeals, contending that the Perry action should have been dismissed for the reason that the contested land is owned by the United States Government...

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