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FETTIG v. ESTATE OF FETTIG

No. 20190102, No. 20190103.

934 N.W.2d 547 (2019)

2019 ND 261

Howard F. FETTIG, Plaintiff and Appellee v. ESTATE OF Anton L. FETTIG, Gerald A. Cullen as Conservator for S.F.F., Charles E. Fettig, Morgen J. Fettig, Gabriel W. Fettig, and all other persons 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 or Plaintiffs' ownership or any cloud upon Plaintiffs' title thereto, Defendants and Anton Jacob Fettig, Defendant and Appellant. Morgen J. Fettig, Plaintiff and Appellee v. Estate of Anton L. Fettig, Gerald A. Cullen as Conservator for S.F.F., Charles E. Fettig, Howard F. Fettig, Gabriel W. Fettig, and all other persons 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 or Plaintiffs' ownership or any cloud upon Plaintiffs' title thereto, Defendants and Anton J. Fettig, Defendant and Appellant.

Supreme Court of North Dakota.

Filed October 29, 2019.

Attorney(s) appearing for the Case

Christina M. Wenko , Dickinson, ND for plaintiffs and appellees.

Nathan M. Bouray , Dickinson, ND for defendant and appellant.

[¶1] Anton Jacob Fettig appealed from two district court judgments quieting title to real property in McKenzie County. We conclude the district court erred in determining that the deed conveying the property was void, but that the issue is barred by collateral estoppel. We affirm.

I

[¶2] Anton...

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