SKELLY OIL COMPANY, a corporation, Plaintiff and Respondent,
v.
A. M. FRUH COMPANY, Inc., et al., Defendants, and
Carrie Ceynar Oltesvig, also known as Carrie Ceynar, Defendant and Appellant.
Supreme Court of North Dakota.https://leagle.com/images/logo.png
October 21, 1965.
October 21, 1965.
Attorney(s) appearing for the Case
Bjella, Jestrab, Neff & Pippin, Williston, for defendant and appellant.
Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for Skelly Oil Co., plaintiff and respondent.
Ilvedson, Pringle, Herigstad & Meschke, Minot, for Merchants Nat. Bank and Trust Co. of Fargo, as Executor and Trustee of the Estate of A. M. Christensen, deceased, of William T. Lee, deceased, and of H. A. Nelson, deceased.
Robert A. Birdzell, Sp. Asst. Atty. Gen., Bismarck, for the Manager of the Bank of North Dakota as Trustee, Agent, Substitute and Successor of the State Treasurer as Trustee for the State of North Dakota.
James L. Taylor, Watford City, for the Estate of William H. Wallraff, deceased, Ruth H. Wallraff, Executrix, and for the Estate of J. C. Zeller, deceased, and for Frank J. Traynor.
McGee, Van Sickle & Hankla, Minot, for Reservation Royalty Co.
John D. Dalton, Bismarck, for O. Gunvaldsen, W. F. Burnett, also known as W. F. Barnett, J. H. Cooke, Robert D. Hegge and Jeanne Hegge Lincoln, as the sole heirs at law of Albeck Hegge and Bertha M. Hegge, deceased, Nina F. Hegge, Harry Paniman, Joseph Paper, E. J. Schonberg, Oscar M. Hilmo, Ida O. Uthus, Paul J. Huber, R. O. Lageson, Knute Lageson, Annie Loyland, Annie Nelson, Corrine Boushea, Olger K. Lageson and Glenna Miller, the heirs at law of Ole Lageson, also known as Ole K. Lageson, deceased; E. W. Engstrom, Frank W. Peterson, and Rodney C. Hastings.
Arley R. Bjella, Williston, for Peter O. Nygaard and Kathleen Nygaard.
Joseph P. Stevens, Minot, for Roy Keating.
Supreme Court of North Dakota.
BURKE, Chief Justice.
Skelly Oil Company, operator under oil and gas leases of the Southeast Quarter (SE¼) of Section Twenty-seven (27), Township One Hundred Fifty-two (152) North, Range Ninety-six (96) West, McKenzie County, North Dakota, brought this action to resolve conflicting claims to the royalty it was required to pay under its leases. The suit is one for a declaratory judgment.
Judgment was entered in the case decreeing that Carrie Ceynar Oltesvig...
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