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MILLER v. KLOECKNER

No. 990128.

600 N.W.2d 881 (1999)

1999 ND 190

Eugene MILLER and JoAnn M. Miller, Plaintiffs and Appellees, v. Frank KLOECKNER, Mary Kloeckner, Defendants, Anna Hron, Lorna Mayo, Jim Mayo, Robert Hadley, Jeffrey James Hadley, Joseph Edward Hadley, John Carl Hadley, Justin Dean Hadley, Jarrett Raymond Hadley, and Ann M. Gilsdorf, Defendants and Appellants, Cody Oil and Gas Corporation, Meridian Oil, Inc., and all persons known or unknown having or claiming any right, title, estate or interest in or lien or encumbrance upon the real property described in the Complaint, whether as heirs, devisees, legatees or Personal Representatives of the aforementioned parties or as holding any claim adverse to Plaintiffs' ownership or any cloud upon Plaintiffs' title thereto, Defendants, M.A. Kloeckner and Sheryl Ann Kloeckner, Intervenors.

Supreme Court of North Dakota.

October 20, 1999.

Attorney(s) appearing for the Case

Steven J. Wild, Sadowsky & Wild Law Office, Bowman, for plaintiffs and appellees.

Scott J. McDonald, McDonald Law Office, Bowman, for defendants and appellants.

MARING, Justice.

[¶ 1] Anna Hron, Lorna Mayo, Jim Mayo, Robert Hadley, Jeffrey James Hadley, Joseph Edward Hadley, John Carl Hadley, Justin Dean Hadley, Jarret Raymond Hadley, and Ann M. Gilsdorf (collectively referred to as "Hron") have appealed a judgment quieting title to a one-half mineral estate in a 160-acre tract of land in Eugene and JoAnn M. Miller. We conclude Hron has no interest in the mineral estate, and we affirm.

[¶ 2] In 1920, Frank...

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