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HILD v. JOHNSON

No. 20060056.

723 N.W.2d 389 (2006)

2006 ND 217

John HILD, also known as John W. Hild, Betty Jo Ridl and Robert Hild, Plaintiffs and Appellants, v. Robert Post JOHNSON, Gerald J. Elkins, Donna J. Elkins, Beth Ann Martin, Turm Oil, Inc., A.V.M., Inc., Mike Golden, Reginia Jacobson and John G. Jacobson, or their successors in trust, as Trustees for the Jacobson Trust, Black Stone Minerals Company, L.P., Palace Exploration Company, Dance Creek L.L.C. and Coleman Oil, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

October 20, 2006.

Attorney(s) appearing for the Case

Albert J. Hardy, Hardy, Maus & Nordsven, P.C., Dickinson, N.D., for plaintiffs and appellants.

Brian R. Bjella (argued), Fleck, Mather & Strutz, Bismarck, N.D., for defendants and appellees Robert Post Johnson, Gerald J. Elkins, Donna J. Elkins, Beth Ann Martin, Turm Oil, Inc., A.V.M., Inc., Mike Golden, Reginia Jacobson, and John G. Jacobson, or their successors in trust, and Trustees for the Jacobson Trust, and Black Stone Minerals Company, L.P.

Lawrence Bender (appeared), Pearce & Durick, Bismarck, N.D., for defendants and appellees Palace Exploration Company, Dance Creek L.L.C. and Coleman Oil, Inc.

KAPSNER, Justice.

[¶ 1] John Hild, Betty Jo Ridl, and Robert Hild ("Hilds") appeal from a district court judgment quieting title in certain mineral interests in Robert Johnson and various other mineral owners (collectively "Johnson") who claim an interest through J.E. and Thalia Harding. We affirm, concluding (1) a grant of an undivided mineral interest expressed as a fraction conveys that quantum in the entire described tract of land, even if the tract contains...

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