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OGREN v. SANDAKER

No. 20160279.

893 N.W.2d 750 (2017)

2017 ND 105

Jennifer OGREN; Lisa Marie Ogren Castle; Eric Marcus Ogren, Plaintiffs and Appellants v. Marlene SANDAKER; Karen Walden; Marlys Rulon; Defendants and Appellees and Jennie Rae Davis; Joel D. Wagner, as Personal Representative of the Estate of Marilyn C. Wagner; Randy Barkie; Andrew Barkie; Kurt B. Barkie; Patrick Flanigan; Cristina Flanigan; Alfred Barkie; Paulette Barkie; Mary Cook; Marathon Oil Company; Oasis Petroleum North America LLC; and all other person known and unknown having or claiming any right, title, estate or interest in or lien or encumbrance upon the real property described in the complaint, whether as heirs, devisees, legatees, or Personal Representatives of the aforementioned parties or as holding any claim adverse to Plaintiffs' ownership or any cloud upon Plaintiffs' title thereto, Defendants.

Supreme Court of North Dakota.

Filed April 25, 2017.

Attorney(s) appearing for the Case

Paul Campbell , 51 N. Broadway, Ste. 600, P.O. Box 1287, Fargo, ND 58107, for plaintiffs and appellants.

Thomas E. Kalil , 111 E. Broadway, P.O. Box 1487, Williston ND 58802-1487, for defendants and appellees.

[¶ 1] Jennifer Ogren, Lisa Marie Ogren Castle and Eric Marcus Ogren appeal from a summary judgment in favor of Marlene Sandaker, Karen Walden and Marlys Rulon. The Ogrens argue the district court erred by granting summary judgment in favor of Sandaker, Walden and Rulon because the 1958 assignment of royalty granted a fractional...

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