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DENNISON v. ND DEPT. OF HUMAN SERVICES

No. 20010250.

640 N.W.2d 447 (2002)

2002 ND 39

John B. DENNISON, Plaintiff and Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, successor to the Public Welfare Board of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

February 22, 2002.

Attorney(s) appearing for the Case

Terry W. Elhard, Ashley, for plaintiff and appellant.

Matthew Arnold Sagsveen, Assistant Attorney General, Attorney General's Office, Bismarck, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] John B. Dennison appealed from an adverse summary judgment in his action against the Department of Human Services, as successor to the Public Welfare Board, to quiet title to land in McIntosh County. We hold the State's restraint on alienation, which arose from its filing of a homestead statement for old age assistance benefits paid to Dennison's predecessor in interest, is a right or interest in the land which ordinarily is excepted from...

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