SILBERNAGEL v. SILBERNAGEL

Nos. 20100393, 20100394, 20100395.

800 N.W.2d 320 (2011)

2011 ND 140

John M. SILBERNAGEL and Tom Silbernagel, Individually and as the Co-Guardians of the person and Co-Conservators of the Estate of John P. Silbernagel, an incapacitated person, Plaintiffs and Appellees v. Stephen SILBERNAGEL, a/k/a Steve Silbernagel; Jane Silbernagel, a/k/a Jane V. Silbernagel, Defendants and Appellants. In the Matter of the Guardianship and Conservatorship of J.P.S., a/k/a J.S. Stephen Silbernagel, a/k/a Steve Silbernagel; Jane Silbernagel, a/k/a Jane V. Silbernagel, Appellants v. John M. Silbernagel and Tom Silbernagel, Individually and as the Co-Guardians of the person and Co-Conservators of the Estate of J.P.S., and incapacitated person, Appellees. In the Matter of the Estate of John P. Silbernagel, Deceased. Stephen Silbernagel, a/k/a Steve Silbernagel; Jane Silbernagel, a/k/a Jane V. Silbernagel, Appellants v. John M. Silbernagel and Tom Silbernagel, Individually and as the Co-Guardians of the person and Co-Conservators of the Estate of John P. Silbernagel, an incapacitated person, Appellees.

Supreme Court of North Dakota.

July 13, 2011.


Attorney(s) appearing for the Case

Donavin L. Grenz , Linton, N.D., for plaintiffs and appellees.

Joseph J. Cichy , Bismarck, N.D., for defendants and appellants.


KAPSNER, Justice.

[¶ 1] Stephen and Jane Silbernagel appeal from a judgment entered upon a motion by John M. and Tom Silbernagel to enforce a prior stipulated judgment in consolidated cases involving the estates of John P. Silbernagel and Marcella Silbernagel. Stephen and Jane Silbernagel assert the purpose of the stipulated judgment has been frustrated by an unexpected claim to land involved in the prior judgment, and they seek to vacate that judgment for a...

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