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SIBERT v. KUBAS

Civ. No. 10638.

357 N.W.2d 495 (1984)

Ann SIBERT, Josephine Evoniuk, Margie Orbanosky, Ben S. Stuss, and Steven R. Stuss, Plaintiffs and Appellants, v. David KUBAS, also known as David V. Kubas; Patricia Kubas; Kubas Family Mineral Trust and Patricia Kubas and Wayne Kubas, Co-Trustees of the Kubas Family Mineral Trust; The Missouri Valley Properties Company, a foreign corporation; McAlester Fuel Company, a foreign corporation; Brazos Young Corporation, a foreign corporation, Defendants and Appellees, Emmet C. Barney, and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the complaint, Defendants.

Supreme Court of North Dakota.

November 28, 1984.

Attorney(s) appearing for the Case

Evans & Moench, and E.J. Rose, Bismarck, for plaintiffs and appellants; argued by E.J. Rose, Bismarck.

Howe, Hardy, Galloway & Maus, Dickinson, for defendants and appellees David Kubas, also known as David V. Kubas; Patricia Kubas; Kubas Family Mineral Trust and Patricia Kubas and Wayne Kubas, Co-Trustees of the Kubas Family Mineral Trust; appearance by Adair Riopelle Boening, Dickinson.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellee Missouri Valley Properties Company; appearance by Jane Fleck Romanov, Bismarck.

Pearce, Anderson & Durick, Bismarck, for defendants and appellees McAlester Fuel Company and Brazos Young Corporation; argued by William Patrick Pearce, Bismarck.

PEDERSON, Justice.

The dispositive issue in this case is whether or not a grantee's constructive notice of a third-party interest in minerals alone precludes application of the Duhig doctrine.1 We hold that it does not, and we affirm the judgment quieting title to the designated property, the surface and one-half of the minerals, in the defendants (collectively referred to as Kubas).

It is undisputed that the State of North...

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