DESERT PARTNERS IV, L.P. v. BENSON

No. 20180112.

921 N.W.2d 444 (2019)

2019 ND 19

DESERT PARTNERS IV, L.P., and Family Tree Corporation, Plaintiffs and Appellees v. Thomas H. BENSON, Leatrice Benson, Brian Benson; and All Other Persons Unknown Claiming Any Estate or Interest in, or Lien or Encumbrance Upon, the Property Described in the Complaint, Defendants and Ann P. Kemske, Jon Kemske, Defendants and Appellees and John Benson, Defendant and Appellant.

Supreme Court of North Dakota.

Filed January 15, 2019.


Attorney(s) appearing for the Case

Nicholas C. Grant , Dickinson, ND, for plaintiffs and appellees Desert Partners IV, L.P. and Family Tree Corporation.

Paul Brutlag , Morris, MN, for defendants and appellees Ann P. Kemske and Jon Kemske; submitted on brief.

John Benson, self-represented, Minnetonka, MN, defendant and appellant.


[¶ 1] John Benson appeals a district court judgment in a quiet title action determining Desert Partners IV, L.P. and Family Tree Corporation, Inc. own 32 net mineral acres in McKenzie County. Benson asserts the district court abused its discretion in denying his request for a continuance of the trial and erred in its conclusion...

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