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GREEMAN v. SMITH

No. 8139.

138 N.W.2d 433 (1965)

Johanna GREEMAN, Ruth Krebsbach, Clara Schmidt, E. J. Schmidt, and Robert Schmidt, Plaintiffs and Appellants, v. Bernard SMITH and Mary Smith, as Administratrix of the Estate of Paul W. Smith, deceased, Morton County, a Public Corporation, and The State of North Dakota, a Public Corporation, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied December 10, 1965.

Attorney(s) appearing for the Case

Milton K. Higgins, Bismarck, for appellants.

C. F. Kelsch, Mandan, for respondent Bernard Smith.

William C. Kelsch, Mandan, State's Atty., for respondent Morton County.

ERICKSTAD, Judge (on reassignment).

This is an appeal by the plaintiffs, Johanna Greeman, Ruth Krebsbach, Clara Schmidt, E. J. Schmidt, and Robert K. Schmidt, from that part of a judgment of the District Court of Morton County in favor of the defendants, Bernard Smith and Morton County, a public corporation. A trial de novo is demanded.

The judgment of the district court quieted title in the plaintiffs, hereafter referred to as Mrs. Greeman, to Section 22...

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