SCHMIDT v. FRANK

No. 8346.

144 N.W.2d 572 (1966)

Bertha M. SCHMIDT, Odelia Tishmack, Angeline Mahrer and Ralph J. Frank, Plaintiffs and Respondents, v. Leo R. FRANK, also known as L. Richard Frank, Ronald Frank, Eleanor Frank and Rose Mary Frank, Defendants and Petitioners.

Supreme Court of North Dakota.

August 16, 1966.


Attorney(s) appearing for the Case

Vogel & Bair, Mandan, for plaintiffs and respondents.

Sperry & Schnell, Bismarck, for defendants and petitioners.


STRUTZ, Judge.

The above matter first came before this court on an appeal from a judgment in an action to partition certain real property which the parties held as tenants in common. The judgment thus appealed from partitioned a portion of the land and ordered that the land which was not partitioned be sold.

On such appeal, this court affirmed the trial court's determination of the interests of the parties and reversed that part of the judgment specifically...

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