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ROTT v. CONNECTICUT GENERAL LIFE INS. CO.

Civ. No. 910119.

478 N.W.2d 570 (1991)

Virgil ROTT, Plaintiff and Appellant, and Shirley Rott, Dwight Rott, Leland Rott, Plaintiffs, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a corporation authorized to do business in the State of North Dakota; the Tappen Group, a partnership, and each member of that group individually, including the following individuals: Sharon Nyhus, Andrew Braun, Bruce Guthmiller, Paul Whitman and Kay Jongsma; Jonathan Liechty, Lloyd Italie, Lila Raile, James Bitz, Jesse Peterson and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the complaint, Defendants and Appellees.

Supreme Court of North Dakota.

December 9, 1991.

Attorney(s) appearing for the Case

Virgil Rott, pro se.

Howard D. Swanson of Letnes, Marshall, Fiedler & Clapp, Ltd., Grand Forks, for defendants and appellees Connecticut General Life Ins. Co., the Tappen Group, and Sharon Nyhus, Andrew Braun, Bruce Guthmiller, Paul Whitman, Kay Jongsma, Jonathan Liechty, James Bitz and Jesse Peterson.

Gregory W. Tschider, Jr. (appearance), of Tschider & Richau, Bismarck, for defendants and appellees Lloyd Raile and Lila Raile.

VANDE WALLE, Justice.

Virgil Rott appealed from a summary judgment dismissing his action to recover $700,000 in damages and to quiet title to certain real property in the names of Virgil and Shirley Rott [the Rotts]. We affirm.

The facts in this case are mostly undisputed. On August 15, 1979, the Rotts granted Connecticut General Life Insurance Company [Connecticut General] a mortgage on real and personal property...

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