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DURWARD v. NELSON

Civ. No. 910170.

481 N.W.2d 586 (1992)

Terri DURWARD, f/k/a Terri Nelson, Plaintiff and Appellee, v. Carmie NELSON and Helen D. Nelson, husband and wife; Defendants and Appellants, Edward H. Christianson and Geneva J. Christianson, husband and wife; the Agricultural Stabilization and Conservation Service of Burke County, ND; Shell Western E & P Inc.; William Herbert Hunt Trust Estate; Monsanto Oil Company; Kinson Resources, Inc.; Jack A. Witkin; General Atlantic Energy Corporation; and Monsanto Company, Defendants.

Supreme Court of North Dakota.

February 20, 1992.

Attorney(s) appearing for the Case

Dean F. Bard (argued), of Bard & Bard, Bismarck, for plaintiff and appellee. Appearance by Terri Durward, appellee.

Ella Van Berkom (argued), of Ella Van Berkom Law Firm, Minot, for defendants and appellants.

MESCHKE, Justice.

Carmie and Helen D. Nelson [Nelsons] appeal from a judgment partitioning two quarter sections of land that the court found to be jointly owned by the Nelsons and Terri Durward. We affirm the partition of the land and remand for reconsideration of rents and profits awarded to Terri.

Terri married the Nelsons' son, Lowell, on October 16, 1976. On March 8, 1977, Edward and Geneva Christianson executed a contract for deed to convey the NW¼...

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