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HANDY v. HANDY

Civ. No. 8868.

207 N.W.2d 245 (1973)

E. A. HANDY and Blanche E. Handy, Plaintiffs and Appellants, v. Martin C. HANDY et al., Defendants, and Oscar S. Oberg, as Executor of the Estate of Clara Oberg, Deceased, et al., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied May 11, 1973.

Attorney(s) appearing for the Case

Drey & Tuntland, Garrison, for plaintiffs and appellants.

William R. Mills, Bismarck, for defendants and respondents.

STRUTZ, Chief Justice.

This is an action to quiet title to a quarter-section of land in McLean County. The facts are not disputed. The land in question was homesteaded by one Martin J. Handy, who died in 1895. His estate never was probated. His wife, Rebecca, who was the mother of the plaintiff E. A. Handy, farmed the land until 1905, when the plaintiff took over its operation. The plaintiff, who has been in possession...

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