WEHNER v. SCHROEDER

Civ. No. 10637.

354 N.W.2d 674 (1984)

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

Supreme Court of North Dakota.

July 27, 1984.


Attorney(s) appearing for the Case

Howe, Hardy, Galloway & Maus, Dickinson, for plaintiffs and appellees; argued by Michael J. Maus, Dickinson.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellants; argued by Ward M. Kirby, Dickinson.


GIERKE, Justice.

Albert and Genevieve Tormaschy appeal from a district court judgment quieting title to 50 percent of all oil, gas, and minerals under 160 acres of Stark County property in Christ and Helen Wehner. We affirm.

In 1981, the Wehners brought an action to reform a warranty deed which they had executed in 1950. In that deed, the Wehners conveyed the land at issue to Frank and Barbara Schroeder. No mineral reservation appears in the deed. However...

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