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ERICKSON v. ERICKSON

No. 20090325.

782 N.W.2d 346 (2010)

2010 ND 86

John S. ERICKSON and Lila C. Erickson, Plaintiffs and Appellants v. Catherine B. ERICKSON, individually, and in her capacity as personal representative of the Estate of Marshall Erickson, deceased, Defendant and Appellee.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

David R. Bliss and Jaclyn Marie Stebbins (appeared), Bismarck, ND, for plaintiffs and appellants.

Malcolm H. Brown, Bismarck, ND, for defendant and appellee.

CROTHERS, Justice.

[¶ 1] John and Lila Erickson appeal the district court's judgment dismissing their constructive fraud action against Catherine Erickson. We affirm, concluding John and Lila Erickson did not present evidence showing Marshall Erickson misled them into entering a 1998 contract for deed.

I

[¶ 2] John and Lila Erickson were married in 1956 and live on a family farm near Wilton, North Dakota. Three children were born of the...

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