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FETTIG v. FETTIG

Civ. No. 9561.

277 N.W.2d 278 (1979)

Angeline FETTIG, LeRoy P. Fettig, Linda A. Fettig Fischer, Alan G. Fettig, James J. Fettig, Rita Fettig Brooks, and Anita K. Fettig Delemeter, Plaintiffs and Appellees, v. Jack FETTIG, Defendant and Appellant, and Rose M. Fettig, Clemence Fettig, 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.

March 15, 1979.

Attorney(s) appearing for the Case

Kelsch, Kelsch & Tudor, Mandan, for plaintiffs and appellees; argued by William C. Kelsch, Mandan.

Maurice R. Hunke, Dickinson, for defendant and appellant.

PEDERSON, Justice.

This is an appeal by Jack Fettig from a judgment quieting title to lands in Dunn County in Jack Fettig, Angeline Fettig, and other heirs of Philip Fettig, as tenants in common. The judgment also ordered partition pursuant to the provisions of Chapter 32-16, NDCC. Demand for an accounting was rejected by the trial court because it was found that rents and profits due from Jack Fettig, who had been in sole possession, were offset by redemption costs...

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