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ZABOLOTNY v. FEDORENKO

Civ. No. 10067.

315 N.W.2d 668 (1982)

Anton ZABOLOTNY and Bernel Zabolotny, Plaintiffs and Appellees, v. Steve FEDORENKO, also known as Stephen Fedorenko, the unknown heirs at law, devisees, legatees, and creditors of Stephen Fedorenko, deceased; Vera Fedorenko, the unknown heirs at law, devisees, legatees, and creditors of Vera Fedorenko; Emma Plesuk, the unknown heirs at law, devisees, legatees, and creditors of Emma Plesuk; Ronald W. Plesuk, Sharon K. Klokonos, Peter Plesuk, Sophie Shield, Helen Lushenko, and any other persons unknown claiming any estate in or lien or encumbrance on the property described in the Complaint, Defendants, Ronald W. Plesuk, Sharon K. Klokonos and Peter Plesuk, Defendants and Appellants.

Supreme Court of North Dakota.

February 11, 1982.

Attorney(s) appearing for the Case

Thomas F. Murtha, and Baird Law Firm, Dickinson, for plaintiffs; argued by Murtha; appearance by David F. Senn, Dickinson.

Tuntland Law Office, Garrison, for appellants; argued by Mervin A. Tuntland, Garrison.

ERICKSTAD, Chief Justice.

This is an appeal by the defendants (herein referred to as the Fedorenko heirs) from a judgment of the District Court of Billings County, dated June 11, 1981, reforming a quit claim deed, dated November 22, 1948, between Stephen Fedorenko, as grantor, and Anton Zabolotny, as grantee, to include the following property (herein referred to as the Southeast Quarter):

"The Southeast Quarter (SE¼) of Section Four (4), in Township...

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