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Johnson v. Finkle

Supreme Court of North Dakota

August 29, 2013

Leslie D. Johnson, Carol Johnson, Merlyn H. Johnson, Thea Donna D. Johnson, Delores Albertson and their children, Plaintiffs and Appellees
v.
Nancy Finkle, Axel Anderson and Norma Anderson and all other persons unknown claiming any estate or interest in or lien or encumbrance upon the property described in the Complaint, whether as heirs, devisees, legatees, or personal representative of any of the above named persons who may be deceased or under any other title or interest, Defendants Nancy Finkle, Appellant

Appeal from the District Court of Mountrail County, Northwest Judicial District, the Honorable Gary H. Lee, Judge.

Taylor D. Olson (argued) and Peter H. Furuseth (on brief), for plaintiffs and appellees.

Scott M. Knudsvig (argued) and Matthew H. Olson (on brief), for defendant and appellant.

OPINION

VandeWalle, Chief Justice.

[¶ 1] Nancy Finkle appealed from an order and judgment quieting title to 1/2 of the mineral interests in certain real property in Mountrail County in Leslie D. Johnson, Carol Johnson, Merlyn H. Johnson, Thea Donna D. Johnson, Delores Albertson and their children ("Johnsons"). Finkle claims she owns 1/4 of the mineral interests. The district court held Finkle does not have an interest in the minerals. We affirm.

I

[¶ 2] Axel and Norma Anderson ("Andersons") owned all of the surface and minerals in the Mountrail County property described as:

Township 158 North, Range 91 West
Section 23: all
Section 24: all
Section 25: N1/2 NE1/4, W1/2
Section 26: SE1/4 NE1/4, N1/2 NE1/4

In 1949, the Andersons sold 1/2 of all the minerals in the property to L.S. Youngblood.

[ΒΆ 3] In 1957, the Andersons entered into a contract for deed with Henry Johnson, which included the property described above and stated the Andersons sell and agree to convey the property by warranty deed upon Henry Johnson's prompt and full performance of the terms of the agreement. The contract for deed included a description of the property and stated, "The grantor reserves a 1/4 mineral ...


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