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FALCONER v. FARMERS UNION OIL CO.

Civ. No. 9372.

260 N.W.2d 1 (1977)

William L. FALCONER and Doris Falconer, husband and wife, Peter Riedinger and Dorothy Riedinger, husband and wife, and Michael J. Riedinger, Plaintiffs and Appellees, v. FARMERS UNION OIL COMPANY, Defendant and Appellant, Credit Bureau of Bismarck, Inc., United Accounts, Inc., Builders and Remodelers, Inc., and all other persons unknown, claiming any estate or interest in or lien or encumbrance upon the property described in the complaint, Defendants.

Supreme Court of North Dakota.

November 10, 1977.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for defendant and appellant; argued by Charles W. LaGrave, Bismarck.

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

PEDERSON, Justice.

This is an appeal from the order of the district court, Fourth Judicial District, quieting title to a rural Burleigh County fiveacre tract of land in Michael J. Riedinger. We must determine if the act of platting the tract constituted an abandonment of homestead rights in that portion of the homestead of Riedinger's predecessor in interest, William L. Falconer. We determine that it does not. Affirmed.

Falconer has resided on a 160-acre tract...

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