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WAXLER v. DALSTED

Civ. No. 940266.

529 N.W.2d 176 (1995)

William C. WAXLER, Loren R. Waxler and Gregory J. Waxler, Plaintiffs and Appellants, v. Kenneth L. DALSTED, personal representative of the Estate of Loren M. Waxler, deceased, Lorraine A. Waxler, and all 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.

February 28, 1995.

Attorney(s) appearing for the Case

Mervin D. Nordeng (argued), Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, for plaintiffs and appellants.

Kenneth L. Dalsted (argued), Gilje & Dalsted, Jamestown, for defendants and appellees.

NEUMANN, Justice.

William C. Waxler, Loren R. Waxler, and Gregory J. Waxler (Waxler sons) appealed a district court summary judgment quieting title to certain real estate in Loren M. Waxler and Lorraine Waxler. We reverse and remand for further proceedings.

Loren M. and Harriet M. Waxler were divorced in 1964. Harriet was awarded custody of the Waxler sons. At the time of their divorce, Harriet and Loren M. owned two quarter sections of farmland, less a 40...

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