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ACCOLA v. MILLER

No. 7554.

76 N.W.2d 517 (1956)

Estella Carpenter ACCOLA, sole and only surviving heir of Emma J. Carpenter, deceased, for herself and for the use and benefit of J. S. Martin, Plaintiff and Appellant, v. Vernon MILLER, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied April 23, 1956.

Attorney(s) appearing for the Case

M. S. Byrne, Bowman, and Hyland, Foster & Conmy, Bismarck, for plaintiff and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and John A. Amundson, Bowman, for defendant and respondent.

MORRIS, Judge.

The plaintiff brings this action as the sole and only surviving heir of Emma J. Carpenter, deceased, for herself and for the use and benefit of J. S. Martin, to determine adverse claims to a quarter section of land in Bowman County. For herself the plaintiff claims to be the owner of the surface and 1/16th of the minerals. For the use and benefit of J. S. Martin she claims 15/16ths of the minerals.

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