GILBERTSON v. CHARLSON

Civ. No. 9808.

301 N.W.2d 144 (1981)

Leland GILBERTSON, Hanson Oil Corporation and GeoResources, Inc., a corporation, Plaintiffs and Appellants, v. Wallace F. CHARLSON, Edith Lenz, Eleanor Mengel and Gordon D. Mengel, individually and as joint tenants, Marie Wilkinson, Alvin E. Officer and Eleanor K. Officer, individually and as joint tenants, Evelyn Perkins, Marlene P. Golay, Marlys P. Weiss, Betty L. Snyder, Beatrice E. Butterfield, Mildred H. Fossum, Lawrence N. Gilbertson, Donald L. Gilbertson, The Texas Company, a corporation, Phillips Petroleum Company, a corporation, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied January 23, 1981.


Attorney(s) appearing for the Case

Bjella Neff Rathert Wahl & Eiken, Williston, for plaintiffs and appellants, appearance by Fred C. Rathert, Williston, argued by Dwight C. Eiken, Williston.

Pearce, Anderson & Durick, Bismarck, for The Texas Co. and Phillips Petroleum Co., defendants and appellees, argued by William P. Pearce, Bismarck.

Appearance by Joseph P. Stevens, Minot, for Wallace F. Charlson, Edith Lenz, Eleanor Mengel, Gordon D. Mengel, Marie Wilkinson, Alvin E. Officer, Eleanor K. Officer, Evelyn Perkins, Beatrice E. Butterfield, Mildred H. Fossum, Lawrence N. Gilbertson, and Donald L. Gilbertson, defendants and appellees.


ERICKSTAD, Chief Justice.

The plaintiffs, Leland Gilbertson et al, appeal from an order entered in the District Court of McKenzie County giving summary judgment to the defendants, Wallace Charlson et al, in Gilbertson's action to quiet title to certain mineral rights. We affirm the order granting summary judgment.

The undisputed facts reveal that the interests in the northeast quarter of section 34, township 153 north, range 95 west, of all parties, come from...

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