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WILL v. WILL

Civ. No. 9265.

249 N.W.2d 227 (1976)

Theodore WILL et al., Plaintiffs and Appellees, v. Oscar H. WILL, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied January 20, 1977.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for defendant and appellant.

Richard P. Rausch, Bismarck, for plaintiffs and appellees.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment of the District Court of Emmons County, decreeing that a deed to a certain 80 acre tract in Emmons County, recorded in the office of the Register of Deeds of that county by Oscar H. Will, is null and void. At issue are (1) whether the deed in question was properly delivered to Oscar H. Will and (2) whether certain acts of Oscar H. Will prior to his recording that deed estop him from asserting its validity...

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