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FETTIG v. FETTIG

Civ. No. 8586.

176 N.W.2d 523 (1970)

Nick FETTIG, Plaintiff and Respondent, v. Joe J. FETTIG, Anton J. Fettig, Jack Fettig, Monica Hovden and Raymond Fettig, Defendants and Appellants, and Margaret Mittelstadt, et al., Defendants and Respondents.

Supreme Court of North Dakota.

April 16, 1970.

Attorney(s) appearing for the Case

Greenwood, Swanson, Murtha & Moench, Dickinson, for defendants and appellants.

Fleck, Smith, Mather, Strutz & Mayer, Bismarck, for plaintiff and respondent.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for Ambrose Stroh and Herbert Mittelstedt.

Marshall T. Bergerud, Killdeer, for D. B. Fitzlaugh, Grant Carlson and Willie Lind.

TEIGEN, Chief Justice.

This is an appeal from an order in a partition action confirming the sale of three and one-half sections of land, sold in parcels. Five of the twenty-two persons owning an interest, by inheritance, have taken this appeal. The appellants contend the court erred when it confirmed the sale because the referee in partition, acting as auctioneer at the sale, varied the court's terms of sale.

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