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GREENFIELD v. THILL

Civ. No. 940058.

521 N.W.2d 87 (1994)

Ralph E. GREENFIELD and Alvina M. Greenfield, Plaintiffs and Appellants v. W.F. THILL, Trustee of the Wilhelmina Schmid Estate Trust, W.F. Thill a/k/a William F. Thill, individually, Karen Cheek, Candace Williams, Mabelle A. Caroll, Anne M. Cheek, 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.

September 7, 1994.

Attorney(s) appearing for the Case

Jeffrey J. Peterson (argued), of Peterson Law Office, Bowbells, and Michel W. Stefonowicz (appearance), Crosby, for plaintiffs and appellants.

Robert A. Wheeler (argued), of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendants and appellees.

MESCHKE, Justice.

Ralph and Alvina Greenfield appeal from a summary judgment dismissing their action to quiet title to certain mineral rights. We reverse and remand for further proceedings.

In 1959, the Wilhelmina Schmid Estate Trust deeded certain property in Burke County to the Greenfields, reserving "all oil, gas and minerals ... including ... the right... to enter the above described lands and to use so much of the surface as may be reasonable for the...

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