COOK v. CLARK

Civ. No. 10923.

375 N.W.2d 181 (1985)

Gordon COOK, Plaintiff and Appellant, v. Kenneth CLARK and Evelyn S. Huffman, Defendants and Appellees.

Supreme Court of North Dakota.

October 1, 1985.


Attorney(s) appearing for the Case

Fleming and DuBois, Cavalier, for plaintiff and appellant; argued by Neil W. Fleming.

McConn, Fisher & Thune, Grand Forks, for defendants and appellees; argued by Robert L. McConn.


MESCHKE, Justice.

We consider whether the doctrine of acquiescence may be applied to determine boundaries of "original grant" school lands held by patent from the State of North Dakota less than 20 years, although purchased from the State by contract for deed more than 20 years prior to this action. The trial court held acquiescence cannot apply, relying on a statute which says that such lands "which have been sold on contract shall retain their character as such...

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