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MERTZ v. ARENDT

Civil No. 960301.

564 N.W.2d 294 (1997)

1997 ND 113

John MERTZ, Jr., Plaintiff and Appellee, v. Louise ARENDT, Darlene Hankison, Leeland Mertz, Lawrence Mertz, Marvin Mertz, Jarred Schmitt, Clifford C. Grosz, personal representative of the estate of John Mertz, Sr., Defendants and Appellants, unknown heirs and devisees of Luise Stadelman, deceased, unknown heirs and devisees of Emilie H. Mertz, deceased, unknown heirs and devisees of John J. Mertz, deceased, and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, Defendants.

Supreme Court of North Dakota.

June 3, 1997.

Attorney(s) appearing for the Case

Thomas J. Aljets, of Heinley & Aljets, Carrington, for plaintiff and appellee.

Walter M. Lipp, McClusky, and Clifford C. Grosz (appearance), Harvey, for defendants and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Louise Arendt, Darlene Hankison, Leeland Mertz, Lawrence Mertz, Marvin Mertz, Jarred Schmitt, and Clifford Grosz, personal representative of the estate of John Mertz, Sr., appealed from a judgment quieting title to approximately 240 acres of Wells County farmland in John Mertz, Jr. We conclude the trial court's finding John Mertz, Jr., acquired the property through an executed parol gift from his parents is not clearly erroneous...

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