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HOLBACH v. HOLBACH

No. 20090319.

784 N.W.2d 472 (2010)

2010 ND 116

Larry J. HOLBACH, Plaintiff and Appellee v. Randolph S. HOLBACH, Mitchell D. Holbach, Cynthia E. Strong, Christopher S. Holbach, and all persons unknown, claiming any estate or interest in or lien or encumbrance upon the real estate described in the Complaint, Defendants Randolph S. Holbach, Appellant.

Supreme Court of North Dakota.

June 30, 2010.

Attorney(s) appearing for the Case

Thomas M. Jackson (on brief) and Samuel G. Larson (argued), Bismarck, ND, for plaintiff and appellee.

Mark V. Larson (on brief) and Leo F.J. Wilking (argued), Minot, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Randolph Holbach appeals a district court's award of summary judgment to Larry Holbach, granting him quiet title to two quarters of land. We reverse, holding Larry Holbach's title is subject to the conditions set forth in the divorce judgment entered between himself and Judith Holbach.

I.

[¶ 2] Larry Holbach and Judith Holbach married in 1960 and had four children together. In 1976, Larry Holbach and Judith Holbach...

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