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McDONALD v. ANTELOPE LAND & CATTLE CO.

Civ. No. 9715.

294 N.W.2d 391 (1980)

Gertrude Griffith McDONALD, the Personal Representative of the Estate of Joseph B. Barlow, also known as J. B. Barlow, Deceased, Plaintiff and Appellant, v. ANTELOPE LAND AND CATTLE COMPANY, a corporation; Samuel M. Pedrick, also known as S. M. Pedrick, A. L. Mauslin, also known as A. L. Maudlin, unknown stockholders and unknown creditors of the Antelope Land and Cattle Company, a corporation; and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the Complaint, Defendants, Louis Schmidt and Mary P. Schmidt; Peter F. Rech and Elsie Rech; Howard Luhman and Vernon Luhman; Albert J. Baar and Alice Baar; Matt J. Dassinger and Hilda Dassinger; George A. Koffler and Anna R. Koffler; Wm. Dassinger and Kathryne Dassinger; Dorothy Kolling; Ralph Zent and Mina Zent; Nick Biel; Wallace Messmer and Kathleen Messmer; Donald Muth; Frank P. Lech and Elizabeth B. Lech; Joe M. Kech and Eleanor Kech; Julia Dassinger; Edward Thielen and Dorothy Thielen; Peter C. Weisman and Charlene Weisman; Margaret T. Anton; Joe Klemm and Kathryn Klemm, Intervenors and Appellees, Josephine Muth and Peter Muth, Intervenors and Appellees.

Supreme Court of North Dakota.

Rehearing Denied July 17, 1980.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellant; argued by James D. Geyer, Dickinson.

Freed, Dynes, Malloy & Reichert, Dickinson, for first set of intervenors; argued by George T. Dynes, Dickinson.

Greenwood, Greenwood & Greenwood, Dickinson, for second set of intervenors; no appearance.

SAND, Justice.

Gertrude Griffith McDonald, the personal representative of the estate of J. B. Barlow, appealed from the judgment of the Stark County district court which declared null and void the mineral reservations in the deed issued by the Antelope Land and Cattle Co. and quieted title to the real estate in question, including oil, gas, coal, clay, uranium, and all other minerals, in the various intervenors.

The property involved in this lawsuit was originally...

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