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SCHMIDT v. SCHMIDT

Civil No. 960197.

560 N.W.2d 886 (1997)

1997 ND 44

Arnold SCHMIDT, Personal Representative of the Estate of Odelia Schmidt, Deceased, Plaintiff and Appellee, v. Gerald SCHMIDT, Defendant and Appellant.

Supreme Court of North Dakota.

March 20, 1997.

Attorney(s) appearing for the Case

Thomas A. Wentz, of Pringle & Herigstad, P.C., Minot, for plaintiff and appellee.

Gerald Schmidt, Max, pro se.

NEUMANN, Justice.

[¶ 1] Gerald Schmidt appealed from a district court judgment evicting him from farmland in Odelia Schmidt's estate. We affirm.

[¶ 2] The relevant facts underlying this eviction action are not in dispute. In 1978 Wilson and Odelia Schmidt sold their family farm to their son, Gerald, on a contract for deed. Wilson died in 1980 and Odelia died in 1990. Odelia's estate brought an action to cancel the contract for deed, because Gerald...

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