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THOMPSON v. BUFORD TOWNSHIP

Civ. No. 890063.

445 N.W.2d 303 (1989)

Gordon C. THOMPSON, County Judge of Williams County, in trust for the several use and benefit of the occupants of the Townsite of Buford, North Dakota, Plaintiff, v. BUFORD TOWNSHIP, a municipal corporation of Williams County, North Dakota, Defendant and Appellant, and Williams County, North Dakota, a municipal corporation, Defendant and Appellee, and all other persons unknown, claiming any estate or interest in or lien or encumbrance upon the mineral estate in the property, Defendants.

Supreme Court of North Dakota.

August 15, 1989.

Attorney(s) appearing for the Case

Janet Holter Zander, of Anseth & Zander, Williston, for defendant and appellant.

Charles Wilder, Asst. State's Atty., Williston, for defendant and appellee.

VANDE WALLE, Justice.

This is an appeal brought by Buford Township from a judgment dividing property held in trust by the county judge of Williams County. We reverse and remand.

In 1906, a patent was issued to Astoria A. Austill, in his capacity as county judge for Williams County, in trust for the use and benefit of the occupants of the townsite of Buford, located in Williams County. The patent was granted pursuant to Sections 2387, 2388, and 2389 of the...

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