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Helen Johnson, Craig A. Johnson and Julia M. Johnson v. Scott L. Taliaferro

February 8, 2011

HELEN JOHNSON, CRAIG A. JOHNSON AND JULIA M. JOHNSON,
PLAINTIFFS AND APPELLEES
v.
SCOTT L. TALIAFERRO,
DEFENDANT AND APPELLANT
AND ALL OTHER PERSONS UNKNOWN CLAIMING ANY ESTATE OR INTEREST IN, OR LIEN OR ENCUMBRANCE UPON, THE PROPERTY DESCRIBED IN THE COMPLAINT, DEFENDANTS



Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme Court

Johnson v. Taliaferro,

2011 ND 34 This opinion is subject to petition for rehearing. [Go to Documents]

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Concurrence filed.

AFFIRMED.

Opinion of the Court by Crothers, Justice.

Johnson v. TaliaferroNo. 20100314

[¶1] Scott L. Taliaferro appeals the district court's judgment quieting title to oil, gas and other minerals in Helen Johnson, Craig A. Johnson and Julia M. Johnson ("Johnsons"). We affirm.

I

[¶2] On January 14, 2010, Craig A. Johnson and Julia M. Johnson filed a complaint to quiet title to the mineral interest under Section 13: SW 1/4 and Section 24: N 1/2 in Bottineau County, North Dakota, and Helen Johnson filed a complaint to quiet title to the mineral interest under Section 13: SE 1/4 in Bottineau County, North Dakota. Taliaferro answered and counterclaimed to quiet title to the mineral interest under the disputed land in himself. Both parties moved for summary judgment.

[¶3] The parties agree the material facts are not in dispute. The Johnsons are the surface owners of the disputed land. Taliaferro has been the record owner to the oil, gas and other minerals under the disputed lands since June 26, 1950. A five-year Oil, Gas and Mineral Lease recorded on July 5, 1960, was Taliaferro's last use of the mineral interest.

[ΒΆ4] The lease identified Taliaferro's address as 510 Petroleum Building, Abilene, TX. Neither Taliaferro nor anyone on his behalf recorded a statement of claim for the mineral interest. On June 25, 2009, the Johnsons executed notices of lapse of mineral interest for the disputed land. The notices ...


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