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CARKUFF v. BALMER

No. 20100099.

795 N.W.2d 303 (2011)

2011 ND 60

Virginia CARKUFF, Greg Carkuff, Mercedes Carkuff, Joy Krush and Valerie Carkuff-Lommen, Plaintiffs and Appellants v. Jeffrey BALMER, Laurie Balmer, Mike L. McAlmond, Carolyn McAlmond, Jeff K. McAlmond, Angela S. McAlmond, Elaine Collins, Sharon Horne Woodmansee, Joann Sutton, John F. Sutton, Scott J. McAlmond, Ivalee McAlmond, Randall W. McAlmond, Melissa A. McAlmond, Linda Horne, Kent J. Horne, Janice J. Horne and Richard R. Balmer; and all other persons unknown who have or claim an interest in the property described in the Complaint, Defendants and Appellees.

Supreme Court of North Dakota.

March 22, 2011.

Attorney(s) appearing for the Case

Malcolm H. Brown , Bismarck, N.D., for plaintiffs and appellants.

Scott Marlin Knudsvig (argued) and Matthew Howard Olson (on brief), Minot, N.D., for defendants and appellees.

MARING, Justice.

[¶ 1] Virginia Carkuff, Greg Carkuff, Mercedes Carkuff, Joy Krush and Valerie Carkuff-Lommen ("Carkuffs") appeal from a summary judgment quieting title to minerals in certain real property in the defendants ("Balmers") and holding the Carkuffs had no interest in mineral rights in the land. We affirm, construing the relevant October 20, 1953, deed as a quitclaim deed which does not pass after-acquired title.

I

[¶ 2] Numerous...

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