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NICHOLS v. GOUGHNOUR

No. 20110336.

820 N.W.2d 740 (2012)

2012 ND 178

Richard J. NICHOLS as Trustee of the Richard Nichols Mineral Trust Agreement dated May 28, 2009; Robby J. Nichols and Jacalyn Nichols; Kim Vachal as Trustee of the Ron and Sue Nichols Family Mineral Trust; JD Nichols LLLP; Randal B. and Bonnie L. Nichols Family LLP, Plaintiffs and Appellees, v. James M. GOUGHNOUR, individually and as Personal Representative of the Estate of Eunice Goughnour; LaDonna Edwards; Margo Wenzel and James Wenzel; Penny Edwards; Judy Nichols; Susan Trana; Mark Nichols; Serena Nichols; Darron Nichols; Earl R. Hauge and Ann M. Hauge; Rita Wagner, Wallace J. Wagner, Rudolph M. Maurer and Karlyn J. Maurer, as Trustees of the Rudolph M. and Karlyn J. Maurer Family Mineral Trust; Kathleen Yoder; Dale Wagner; Melissa Frederick; Nels Family, LLC; Robert Nichols; Robert E. Lincoln; Mary L. Lincoln; William F. Lincoln; Carol Nichols; Valera Marie Hayes; Alan Roger Sinclair; Elizabeth McDonald, aka Beth McDonald; Forrest John Spicher, aka Jon Spicher; Kelly Fulton; Kathryn Poskevich; Joan Hosler; Michael Miller; Barbara Linden; Bert Hague; Mike Nichols; Donnelle E. Nichols; Darrell Nichols; and all persons unknown, claiming any estate in or lien or encumbrance upon the property described in the Complaint, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied September 25, 2012.

Attorney(s) appearing for the Case

Andrew T. Forward (argued) and Richard P. Olson (appeared), Minot, N.D., for plaintiffs and appellees.

Bruce A. Selinger , Dickinson, N.D., for defendants and appellants.

SANDSTROM, Justice.

[¶ 1] The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appeal from a summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols plaintiffs") to determine ownership of ½ of the mineral interests in a parcel of land in Mountrail County. The Goughnour defendants claim they collectively own ¼ of the...

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