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WESTERN ENERGY CORP. v. STAUFFER

No. 20180283.

921 N.W.2d 431 (2019)

2019 ND 26

WESTERN ENERGY CORPORATION, Plaintiff and Appellant v. Cynthia J. STAUFFER; Kenneth Stauffer; Kari Sue Stauffer; Kenneth Stauffer, Trustee of the Stauffer Grandchildren's Trust Dated April 20, 2012; William Stauffer (Deceased); Ethel Stauffer (Deceased); Linda Myer; Robert Scott Stauffer (Deceased); Robert W. Stauffer (Deceased); Cassandra Stauffer; Katherine Stauffer; Stauffer Family Disclaimer Trust; Cody Stauffer, Defendants and Appellees and Martha J. Lee; Timothy R. Lee; Patience Mullendore McNulty Campbell Land and Mineral Trust, Created on the 24th day of June, 1991; U.S. Petroleum Inc.; Thomas N. Berry & Company; Rex R. Byerly and Linda A. Byerly, as Joint Tenants; and All Persons Unknown Claiming Any Interest or Encumbrances Upon the Mineral Interest in the Complaint, Defendants.

Supreme Court of North Dakota.

Filed January 15, 2019.

Attorney(s) appearing for the Case

Ryan Geltel , Williston, ND, for plaintiff and appellant.

Andrew D. Cook (argued), and Michel W. Stefonowicz (on brief), West Fargo, ND, for defendants and appellees.

[¶1] Western Energy Corporation appealed from a district court judgment finding its quiet title action to be barred by applicable statutes of limitation and laches and awarding the mineral interests at issue to the Stauffers. We affirm the judgment.

I

[¶2] On May 25, 1959, L.M. and C.S. Eckmann...

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