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SCHMIDT v. SCHMIDT

Civ. No. 9313.

254 N.W.2d 102 (1977)

Hildegard SCHMIDT, Plaintiff and Appellant, v. Martha SCHMIDT, Individually and as Personal Representative of the Estate of Peter Schmidt, Deceased, Defendant and Appellee. In the Matter of the ESTATE of Peter SCHMIDT, Deceased. Hildegard SCHMIDT, Plaintiff and Appellant, v. Martha SCHMIDT, Defendant and Appellee.

Supreme Court of North Dakota.

June 2, 1977.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, for plaintiff and appellant.

C. J. Schauss, Mandan, for defendant and appellee.

ERICKSTAD, Chief Justice.

We are asked in this appeal to overturn the judgment of the district court for Morton County which found a transfer of real property by Peter Schmidt (now deceased) to himself and his wife, Martha Schmidt, not to be fraudulent as to his former wife, Hildegard Schmidt.

Peter Schmidt and Hildegard Schmidt were married on November 6, 1950, and were divorced in October of 1969. Following the divorce Hildegard was awarded custody of their...

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