Glascoe v. Bracksieck

85 N.W.2d 423, 8 Oil & Gas Rep. 754, 1957 N.D. LEXIS 150
CourtNorth Dakota Supreme Court
DecidedOctober 10, 1957
Docket7616
StatusPublished
Cited by5 cases

This text of 85 N.W.2d 423 (Glascoe v. Bracksieck) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glascoe v. Bracksieck, 85 N.W.2d 423, 8 Oil & Gas Rep. 754, 1957 N.D. LEXIS 150 (N.D. 1957).

Opinion

BURKE, Judge.

This is an action to quiet title to certain mineral interests in property located in Divide County, North Dakota. In their complaint the plaintiffs alleged that they are the owners of the described interests but that certain mineral deeds have been placed of record in Divide County which purport to convey such interests in first instance from the plaintiff Siggerud to Vernon J. Drabek, then from Drabek to the Defendant M. O. Bracksieck, and finally as to a portion of the described interests from M. O. Brack-sieck to the defendant Lloyd H. Bracksieck. They alleged further that the plaintiff Sig-gerud to the best of his recollection did not execute or deliver to Drabek any deed of any mineral interests in the described property and that if the signature of the grantor appearing upon such deed is his genuine signature, such signature was obtained by fraud and trickery. Upon this complaint plaintiffs demanded that the deed from plaintiff, Siggerud, to Drabek be decreed to be void and that title to their respective interests in the described property be quieted in them.

In their answer to this complaint the defendants alleged that M. O. Bracksieck purchased the described mineral interests from Vernon J. Drabek as an innocent purchaser in good faith and for value, that Lloyd H. Bracksieck purchased his interest from M. O. Bracksieck also as an innocent purchaser in good faith and for value. They asked that the complaint be dismissed and that title to their respective interests be quieted in them. At the trial of the case it appeared that part of the property described in the deed from Siggerud to Drabek was in fact the property of the plaintiff Sillerud and the trial court directed the entry of judgment quieting title to the mineral interest in this tract to Sillerud. The trial court also found that the deed from Siggerud to Dra-bek was obtained by fraud in its execution and was therefore wholly void and ordered judgment quieting title to the remaining mineral interests in Siggerud. Judgment was entered accordingly. The defendants have appealed from the judgment and have demanded a trial anew in this court.

The first issue for determination on this appeal is whether the defendants are good *425 faith purchasers for value. The fact that the mineral interests in controversy were for sale was first brought to M. O. Bracksieck’s attention by an advertisement published in an Oklahoma City newspaper. Upon reading the advertisement he wrote to Dra-bek asking for more information concerning the property. Drabek replied by telephone and an agreement for the sale of the property was reached. Later Drabek came to M. O. Bracksieck’s home, bringing with him his mineral deed. Upon its face the deed appeared to have been regularly executed and acknowledged by Carl Siggerud. It bore a certificate that it had been filed for record in the office of the Register of Deeds of Divide County. On this occasion Drabek delivered to M. O. Bracksieck his acknowledged deed to the mineral interests in controversy and received Bracksieck’s check in the sum of $900 in payment therefor. Later Drabek cashed the check. Prior to this transaction Bracksieck had not known Drabek. He had no knowledge of the circumstances in which the deed to Drabek had been executed nor any knowledge of any claim adverse to Drabek’s apparent title. Later, M. O. Bracksieck sold a portion of this interest to his brother Lloyd for $400. At the time of this sale, neither brother had knowledge of any infirmities in the chain of title through which they apparently acquired their respective interests. The plaintiffs do not challenge the defendants’ good faith because of any notice, actual or constructive, or because of any knowledge, of the existence of any adverse claims. They simply say that defendants cannot be good faith purchasers because neither the deed from Siggerud to Drabek nor the deed from Drabek to M. O. Brack-sieck contained the post-office address of ;he grantee. In support of this contention they cite Sections 47-1007 and 47-1905 NDRC 1943. Section 47-1007 provides:

“Each deed executed in which real estate is described shall contain the post office address of each grantee named in such deed.”
Section 47-1905 provides:
“No deed in which real estate is described shall be received for record by any register of deeds in this state if the post office address of each grantee named in such deed is not shown.”

These two sections were derived from Chapter 249, Laws of North Dakota 1929. This act reads as follows:

“That each deed, or mortgage, hereafter executed, in which real estate is described, shall contain the postoffice address of each grantee or mortgagee named in such deed, or mortgage, and no deed or mortgage in which real estate is described, shall be received for record by any register of deeds in the State of North Dakota which does not contain such post office addresses.”

The rule is well established that mere changes in arrangement of sections made in the codification of statutes will not be regarded as altering the law unless the intent to do so is clear. State ex rel. Johnson v. Broderick, 75 N.D. 340, 27 N.W.2d 849; Eisenzimmer v. Bell, 75 N.D. 733, 32 N.W.2d 891; Chester v. Einarson, 76 N.D. 205, 34 N.W.2d 418, 35 N.W.2d 137. In the case of the statutory provisions under consideration the notes of the Code Commission affirmatively state that no change in meaning was intended. It follows that the two code sections above set forth must together be given the construction which reasonably follows from the language of Chapter 249, supra.

This chapter provides that deeds, of real property must contain the post-office address of the grantee and sets forth-, that the omission of such address shall: make the deed ineligible for recording. There is no intimation or suggestion that' the omission of the grantee’s post-office-address shall make the deed ineffective as. a grant. The fact that a deed may lack: certain of the requisites for recording does, not of itself destroy its effect as a grant,. On several occassions we have held tha! *426 a deed which is neither acknowledged or witnessed is sufficient to pass title. Dixon v. Kaufman, 79 N.D. 633, 58 N.W.2d 797; Bumann v. Burleigh County, 73 N.D. 655, 18 N.W.2d 10. We are satisfied therefore that the deeds in controversy were sufficient in form to transfer legal title to the described land to the grantees therein named. This is sufficient to constitute the purchasers, good faith purchasers, if they, were not otherwise disqualified. 26 C.J.S. Deeds § 24, p. 634, 16 Am.Jur. (Deeds Sec. 71) 480, 92 C.J.S. Vendor and Purchaser § 322, p. 216.

Next we must decide whether the fraud in procuring the mineral deed and the circumstances in which it was executed were of such a nature that the fact that defendants are bona fide purchasers is of no avail to them. There is no question as to the fraud. Plaintiff, Siggerud, is a bachelor farmer who has never engaged in any other gainful occupation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gannaway v. Torres
2017 ND 287 (North Dakota Supreme Court, 2017)
Nodland v. Plainsmen Petroleum, Inc.
265 N.W.2d 252 (North Dakota Supreme Court, 1978)
Hughes v. State Farm Mutual Automobile Insurance Co.
236 N.W.2d 870 (North Dakota Supreme Court, 1975)
Evanson v. Wigen
221 N.W.2d 648 (North Dakota Supreme Court, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
85 N.W.2d 423, 8 Oil & Gas Rep. 754, 1957 N.D. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glascoe-v-bracksieck-nd-1957.