MAU v. SCHWAN

Civ. No. 890396.

460 N.W.2d 131 (1990)

Ernest W. MAU and Sharon M. Mau, Plaintiffs and Appellees, v. Carol SCHWAN and Gabriel Schwan, Defendants and Appellants, and General Atlantic Energy Corporation, Estuary Corporation and Thermal Exploration, Inc., Defendants.

Supreme Court of North Dakota.

August 9, 1990.


Attorney(s) appearing for the Case

Peterson & Wilkes, Bowbells, for plaintiffs and appellees; argued by Jeffrey J. Peterson. Appearance by Michel W. Stefonowicz.

Stokes Law Offices, Wahpeton, for defendants and appellants; argued by A.W. Stokes.


MESCHKE, Justice.

Carol and Gabriel Schwan appealed from a judgment denying reformation of a contract and a deed, and quieting title to oil, gas, and minerals in Ernest W. and Sharon M. Mau. We affirm.

In 1943 Carol Schwan's father, Louis Dockter, purchased a quarter-section of land in Renville County, including all minerals. Later, Dockter and his wife conveyed 90 of the 160 mineral acres to a third party. Dockter's wife died in 1966. In 1970, Dockter contracted...

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