SWANSON v. SWANSON

No. 20090289.

796 N.W.2d 614 (2011)

2011 ND 74

Michael SWANSON, James Swanson, Robert Swanson and Candyce Johnson, Plaintiffs and Appellees v. Glenn K. SWANSON, aka G.K. Swanson, Defendant and Appellant Maggie McMillan, John F. Renick, Martha E. Renick, Riley Garrison, Peter Ellingson, aka Pete Ellingson, George Perrin, Arles O. Smith, Liberta Smith, Herman Soenke, Etta Soenke, David Keller, Cynthia Keller, Anna Garrison, aka Anna Swanson, Asmundur Swanson, William S. Swanson, the unknown heirs, devisees, legatees and successors in interest of William S. Swanson, deceased; Arlo C. Swanson, E. Lorraine Swanson, as Trustee of the E. Lorraine Swanson Revocable Trust, any unknown heirs, devisees and legatees or successors in interest of any of the named Defendants, be they deceased; all persons unknown claiming any interest in the property described in the complaint, Defendants and Glenn K. Swanson, Third Party Plaintiff and Appellant v. E. Lorraine Swanson, Third Party Defendant and Appellee.

Supreme Court of North Dakota.

April 12, 2011.


Attorney(s) appearing for the Case

Michael S. McIntee , Towner, N.D., for plaintiffs and appellees and third-party defendant and appellee.

Rudra Tamm , Bismarck, N.D., for defendant and appellant.


MARING, Justice.

[¶ 1] Glenn K. Swanson appeals from the trial court's judgment quieting title to certain real property located in Bottineau County in Michael Swanson, James Swanson, Robert Swanson, and Candyce Johnson ("Swanson children"). We conclude the trial court improperly analyzed the notice requirement for good-faith purchasers under the law and erred in finding the Swanson children acted in good faith. Therefore, we reverse the judgment of the trial...

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