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LOCKEN v. LOCKEN

No. 20100297.

797 N.W.2d 301 (2011)

2011 ND 90

David LOCKEN, Plaintiff and Appellant v. Loren LOCKEN as Trustee of the Virgil and Marjorie Locken Family Trust under the Trust Agreement dated December 27, 2002; Jon Locken and Loren Locken as Co-Personal Representatives of the Marjorie Locken Estate; Jon Locken and Loren Locken, as Co-Personal Representatives of the Virgil K. Locken Estate; Jon Locken, Inc.; Loren W. Locken, Inc.; Jon Locken; Loren Locken; Bernard Vculek as Trustee of the Bernhard L. Vculek Revocable Trust; Marlene Vculek as Trustee of the Marlene Vculek Revocable Trust; and the unknown spouses, the unknown heirs, administrators, executors, successors, devisees, legatees, assigns and personal representatives of any kind of all the above named defendants, and all other persons unknown claiming any rights, title or interest in, or lien or encumbrances upon the property described in the Complaint, Defendants and Appellees.

Supreme Court of North Dakota.

May 11, 2011.

Attorney(s) appearing for the Case

Sara Kaye Sorenson , West Fargo, N.D., for plaintiff and appellant.

Michael D. McNair , Fargo, N.D., for defendants and appellees.

KAPSNER, Justice.

[¶ 1] David Locken appeals from a summary judgment dismissing his action to determine his ownership interest in a tract of land in Dickey County. He argues his claim is not barred by the statute of limitations for an action on a contract for deed under N.D.C.C. § 28-01-42 and, therefore, is not barred by the Marketable Record Title Act, N.D.C.C. ch. 47-19.1. We hold David Locken's claim is barred...

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