NOSS v. HAGEN

Civ. No. 9492.

274 N.W.2d 228 (1979)

August NOSS, Earl Ferguson, Laurence Smitton, and Violet F. Hanson, Individually and as personal representative of the Estate of Anna Fehrman, deceased, Plaintiffs and Appellants, v. Lillian E. HAGEN et al., Defendants and Appellees.

Supreme Court of North Dakota.

January 8, 1979.


Attorney(s) appearing for the Case

Pringle & Herigstad, Minot and McIntee & Whisenand, Williston, for plaintiffs and appellants; argued by Herbert L. Meschke, Minot.

Rolfstad, Winkjer, McKennett, Kaiser & Stenehjem, Williston, for Steven A. Robinson, George B. Robinson, Lillian E. Hagen, Betty J. Hagen Grovogel, Lillian Louise Crowder, Roberta Jean Miller, Jay Hagen Gilliland and Tom Harrison Gilliland.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for Liberty Nat. Bank & Trust Co.

Everett E. Palmer, Williston, for Ethel M. Popham, Arthur J. Sharbo and Walter J. Sharbo.

William S. Heigaard, Langdon, for Mattie S. Haaven and Lynn J. Haaven and Ethel and Claude Crockett.

Kelsch, Kelsch & Tudor, Bismarck, for Elsbeth E. A. Godwin.

Fleck, Mather. Strutz & Mayer, Bismarck, for Dean F. Smith, Bruce Alfson, Norman Jessen, Marshall Simpson, Delmer Duffy, Helen Brown, John Klemer, Steven Harris and Ellen E. Smith.

John H. MacMaster, Williston, for Neva H. MacMaster and Audrey H. Bourgeois.

F. J. Smith, Bismarck, for V. L. Gilbreath, trustee, and George M. Thompson, trustee.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for St. Mary's Cathedral.

Bjella & Jestrab, Williston, for Grand Forks Oil Pool Trust, defendants and appellees; argued by Russell R. Mather, Bismarck.


ERICKSTAD, Chief Justice.

The plaintiffs and appellants seek to quiet title to a two and one-half percent royalty interest in the oil and gas in 160 acres in Williams County, including the right to approximately $60,000 in proceeds from the two and one-half percent royalty interest that accrued from oil produced from that land. They are the descendants of the former record owner, Gustav Noss, and claim title to the royalty interest and the proceeds through a 1949...

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