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PERDUE v. SHERMAN

Civ. No. 9221.

246 N.W.2d 491 (1976)

Gerald PERDUE and Coleen A. Perdue, Husband and Wife, Plaintiffs and Appellees, v. James SHERMAN, Defendant and Appellant, and The unknown heirs, devisees, and legatees of James Sherman and all other persons unknown claiming any right, title, and interest in the said property, Defendants.

Supreme Court of North Dakota.

October 15, 1976.

Attorney(s) appearing for the Case

Marvin L. Kaiser, of Rolfstad, Winkjer, Suess, McKennett & Kaiser, Williston, for plaintiffs and appellees.

Fred E. Whisenand, of McIntee & Whisenand, Williston, for defendant and appellant.

VOGEL, Justice.

This is an appeal from a denial by the district court of a motion to reopen a default judgment in an action to quiet title. We reverse and remand.

The real estate involved in the action formerly belonged to members of the family of the defendant, James Sherman. The owner had agreed to resell it to members of the Sherman family for the amount of money he had invested in it. Sherman was interested in repurchasing it, but apparently had difficulty...

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