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McLAUGHLIN v. LAMBOURN

Civ. No. 10723.

359 N.W.2d 370 (1985)

Margot M. McLAUGHLIN, Carole M. Wolf, Karen A. Holm, Thomas A. Moravec, Tamara N. Moravec, and Terrance A. Moravec, Plaintiffs and Appellants, v. A. Burke LAMBOURN and Myrtle M. Lambourn and Ladd Petroleum Corp., Terra Resource, Inc., a Delaware Corporation, Paris-Williston Corporation, a Delaware corporation, and all other persons unknown claiming any estate or interest in or lien or encumbrances upon the property described in the Complaint, whether as heir, devisee, legatee, creditor or personal representative of a deceased person, or under any other title or interest, Defendants and Appellees.

Supreme Court of North Dakota.

January 2, 1985.

Attorney(s) appearing for the Case

Malloy & Malloy, Dickinson, for plaintiffs and appellants; argued by Harry L. Malloy, Dickinson.

Howe, Hardy, Galloway & Maus, Dickinson, for defendants and appellees A. Burke Lambourn and Myrtle M. Lambourn; argued by Michael J. Maus, Dickinson.

SAND, Justice.

The appellants (hereafter corporately referred to as McLaughlin) appealed a district court judgment in a quiet title action against A. Burke Lambourn, et al. (Lambourns).

The facts of this appeal are essentially uncontroverted. On 15 March 1950, C.T. and Ruth Moravec (Moravecs), ancestors and predecessors in interest to McLaughlin, executed a contract for deed to convey to the Lambourns real property located in Slope County. The contract for...

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