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MONSON v. DWYER

Civ. No. 10965.

378 N.W.2d 865 (1985)

Harvey MONSON, Plaintiff and Appellant, v. Tim DWYER, Exeter Exploration Company, and Inter-American Petroleum Corporation, Defendants and Appellees.

Supreme Court of North Dakota.

December 18, 1985.

Attorney(s) appearing for the Case

Gordon Dihle (argued), of Gordon Dihle and Associates, Williston, for plaintiff and appellant.

Roland A. Suess (argued), and John A. Suess (appearance), of Suess Law Firm, Williston, for defendant and appellee Tim Dwyer.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellees Exeter Exploration Co. and Inter-American Petroleum Corp.

GIERKE, Justice.

Harvey Monson appeals from a judgment of the District Court of McKenzie County. This is an action to determine the rights of Harvey Monson, Roy Monson, and Tim Dwyer to certain oil, gas, and mineral rights. We affirm.

On January 23, 1959, Roy Monson [Roy] received a deed from the Federal Land Bank granting some 360 acres. By this deed the Federal Land Bank reserved, for a period of twenty-five years, beginning on November 29, 1944, a fifty...

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