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HALLIN v. LYNGSTAD

No. 20120354.

837 N.W.2d 888 (2013)

2013 ND 168

Joan Marie HALLIN and John P. Hallin and Susan Kay Bradford, Plaintiffs and Appellees v. Jack LYNGSTAD, a/k/a John Lyngstad; Lorraine F. Lyngstad, Robert G. Lyngstad, Jr., and John O. Lyngstad III, as co-trustees of the Robert G. Lyngstad QTIP Trust; Edna Moses, James J. Moses, Jr., a/k/a James Moses, a/k/a Jay Moses, as personal representative of the Estate of Edna J. Moses, a/k/a Edna Moses, deceased; Steve Tillotson; Carol Tillotson; and Ellen Tillotson, a/k/a Reverend Ellen Tillotson, Defendants and Appellants.

Supreme Court of North Dakota.

September 25, 2013.

Attorney(s) appearing for the Case

Kerry J. Carpenter , Bismarck, N.D., for plaintiffs and appellees.

Charlotte J. Skar , Fargo, N.D., for defendants and appellants.

CROTHERS, Justice.

[¶ 1] Defendants/Appellants ("Lyngstads") appeal from a summary judgment quieting title in the Plaintiffs/Appellees ("Hallins") to a 2/3 interest of an undivided 3/4 interest in minerals in land in Mountrail County. We conclude the legal effect of a 1960 warranty deed's plain language, excepting and expressly reserving "unto the Grantors" an "undivided 3/4 interest" in the minerals, did not alter...

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