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CARDINAL PETROLEUM CO. v. NORTHERN PACIFIC RY. CO.

Civ. No. 8721.

193 N.W.2d 131 (1971)

CARDINAL PETROLEUM COMPANY, a corporation, Plaintiff and Respondent, v. NORTHERN PACIFIC RAILWAY COMPANY, a corporation, and its successor Burlington-Northern, Inc., Defendant and Respondent, and Tony Rice, also known as Toney Rice, et al., Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied December 29, 1971.

Attorney(s) appearing for the Case

Freed, Dynes & Malloy, Dickinson, for defendants and appellants.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and respondent, Cardinal Petroleum Co.

Conmy, Feste, DeMars & Bossart, Fargo, for defendant and respondent Northern Pacific Railway Co. and Burlington-Northern, Inc.

JAMES H. O'KEEFE, District Judge.

This began as a quiet-title action on various property interests. Eventually it evolved into a contest over a railway right-of-way strip, or rather minerals beneath it. The issue became: Does the United States own these minerals, or do the adjoining landowners (Appellants) by virtue of being successors in interest to the original homestead patent holders? The district court, in a memorandum opinion, held that the patents issued did...

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