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ABBEY v. STATE

Civ. No. 8844.

202 N.W.2d 844 (1972)

Alice ABBEY, Plaintiff and Appellant, v. STATE of North Dakota, Acting through the Board of University and School Lands, and the Knife River Coal Mining Company, Defendants and Respondents.

Supreme Court of North Dakota.

November 29, 1972.

Attorney(s) appearing for the Case

Raymond M. Hagen, Beulah, Sperry & Schultz, Bismarck, and Harvey J. Miller, Dickinson, for plaintiff and appellant.

Helgi Johanneson, Atty. Gen., and Thos. O. Smith, Asst. Atty. Gen., for the State of North Dakota.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for Knife River Coal Mining Co.

ERICKSTAD, Judge.

By complaint dated the 25th of November 1968, Alice Abbey commenced an action to quiet title to the South Half of Section 12 in Township 143 North, Range 88 West of the Fifth Principal Meridian, in Mercer County, North Dakota.

It is asserted in the complaint that Mrs. Abbey acquired title to this property from Charles Herman, who acquired title to it under two patents executed by the Board of University and School Lands of the State of North...

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