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WARD v. SHIPP

Civ. No. 10381.

340 N.W.2d 14 (1983)

Logan WARD, Hazel Ward, Michael Ward, David Ward and Lucinda Ward, Plaintiffs, Appellants and Cross-Appellees, v. George E. SHIPP, Pearl A. Shipp, Defendants, Appellees and Cross-Appellants, Albert Dauenhauer and Elaine Dauenhauer, Defendants and Appellees.

Supreme Court of North Dakota.

As Corrected November 9, 1983.

Attorney(s) appearing for the Case

Eaton, Van de Streek & Ward, Minot, for plaintiffs, appellants and cross-appellees; argued by Michael Ward, Minot.

Bair, Brown & Kautzmann, Mandan, for defendants, appellees and cross-appellants George E. and Pearl A. Shipp; argued by Malcolm H. Brown, Mandan.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendants and appellees Albert and Elaine Dauenhauer; appearance by Patrick A. Conmy, Bismarck.

PEDERSON, Justice.

The Wards appeal from a judgment dismissing their action seeking to quiet title to a tract of real estate, quieting title instead in the Shipps; and from an order denying their motion to amend the judgment. The Shipps have cross-appealed. We reverse and remand.

The Ward and Shipp families have owned adjacent tracts of farmland north of Bismarck for many years. Over 40 years ago, the families built a wire fence to separate their properties...

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