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FIBELSTAD v. GRANT COUNTY

Civ. No. 900383.

474 N.W.2d 54 (1991)

Percy O. FIBELSTAD, Petitioner and Appellant, v. GRANT COUNTY, a political subdivision of the State of North Dakota; and E.H. Schatz, as Auditor of Grant County, and individually, Respondents and Appellees, and Thomas Asbridge and Laura Asbridge, Defendants and Appellees, and The Farm Credit Bank of St. Paul, a body corporate, Intervenor and Appellee.

Supreme Court of North Dakota.

July 31, 1991.

Attorney(s) appearing for the Case

Wheeler Wolf, Bismarck, for petitioner and appellant; argued by James J. Coles. Appearance by Percy O. Fibelstad.

Fleck, Mather & Strutz, Bismarck, for respondents and appellees Grant County and E.H. Schatz, as Auditor of Grant County; argued by Charles S. Miller.

Disselhorst Law Office, Bismarck, for defendants and appellees Thomas Asbridge and Laura Asbridge; argued by Thomas M. Disselhorst.

Tschider & Smith, Bismarck, for intervenor and appellee Farm Credit Bank of St. Paul; argued by Sean O. Smith.

MESCHKE, Justice.

Percy O. Fibelstad appeals from a summary judgment denying his petition for a writ of mandamus to compel the Grant County auditor to issue tax sale certificates to him for a 6,330 acre ranch. The denial of the petition was based on the trial court's ruling that Grant County had not acquired title to the land because the 1984 tax sale was invalid. We remand for modification of the judgment.

In 1983 Laura and Thomas Asbridge mortgaged their...

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