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WEHNER v. SCHROEDER

Civ. No. 10329.

335 N.W.2d 563 (1983)

Christ N. WEHNER and Helen Wehner, Plaintiffs and Appellants, v. Nick SCHROEDER, Ragina Linster, Katherine Kurtz, Louise Clark, John Tormaschy, Eva Tormaschy, Albert Tormaschy, and Genevieve Tormaschy, Defendants and Appellees.

Supreme Court of North Dakota.

June 24, 1983.

Attorney(s) appearing for the Case

Michael J. Maus [argued], of Howe, Hardy, Galloway & Maus, Dickinson, for plaintiffs and appellants.

Ward M. Kirby [argued], of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellees.

PAULSON, Justice.

This is an appeal from a judgment which dismissed the complaint of Christ N. Wehner and Helen Wehner requesting reformation of a deed based upon an alleged innocent mutual mistake and which quieted title to the minerals at issue in Albert Tormaschy and Genevieve Tormaschy. We reverse and remand.

This case involves fifty percent of all oil, gas, and minerals under 160 acres of land in Stark County, North Dakota. In 1950 Christ and Helen Wehner...

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