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REMMICK v. WHITMAN

No. 20000364.

627 N.W.2d 376 (2001)

2001 ND 102

Marvin R. REMMICK, Plaintiff and Appellant v. Jeffrey J. WHITMAN, Defendant and Appellee and All other persons unknown who have or claim an interest in the property described in the Complaint, Defendants.

Supreme Court of North Dakota.

May 24, 2001.

Attorney(s) appearing for the Case

Malcolm H. Brown, Malcolm H. Brown, P.C., Bismarck, for plaintiff and appellant.

Timothy D. Lervick, Rolfson Schulz Lervick & Geiermann Law Offices, P.C., Bismarck, for defendant and appellee.

MARING, Justice.

[¶ 1] Marvin Remmick appeals from a summary judgment quieting title in mineral interests in Jeffrey Whitman. We hold Whitman's recorded mineral deed was not affected by a subsequent action to foreclose a mortgage on the real property because he was not a named party in the foreclosure action. We affirm.

[¶ 2] James and Cheryl Whitman owned real property in Kidder County. In 1978 and 1981, they mortgaged the real property to the United...

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