Home/North Dakota Supreme Court/Greeman v. Smith

Greeman v. Smith

138 N.W.2d 433, 1965 N.D. LEXIS 111
CourtNorth Dakota Supreme Court
DecidedNovember 23, 1965
Docket8139
StatusPublished
Cited by13 cases

This text of 138 N.W.2d 433 (Greeman v. Smith) 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
Greeman v. Smith, 138 N.W.2d 433, 1965 N.D. LEXIS 111 (N.D. 1965).

Opinion

ERICKSTAD, Judge

(on reassignment).

This is an appeal by the plaintiffs, Johanna Greeman, Ruth Krebsbach, Clara Schmidt, E. J. Schmidt, and Robert K. Schmidt, from that part of a judgment of the District Court of Morton County in favor of the defendants, Bernard Smith and Morton County, a public corporation. A trial de novo is demanded.

The judgment of the district court quieted title in the plaintiffs, hereafter referred to as Mrs. Greeman, to Section 22, in Township 137, North of Range 80, situated in Morton County, North Dakota, except for certain interests including an easement for public highway purposes in favor of Morton County. Title to all of the accreted land lying adjacent to the east line of Section 22 and extending to the west bank of the Missouri River was also quieted in Mrs. Greeman except for title to the land built by accretion at the former location of Lots 4 and 5 and the accreted land lying east of and adjacent thereto, which was *435 quieted in Mr. Smith. The judgment awarded $1,800.40 to Mr. Smith for clearing and improving three tracts of land which were part of the land to which title was quieted in Mrs. Greeman and which lies adjacent to and east of the east line of Section 22 north of Lots 4 and 5 of Section 23. The judgment also awarded Mr. Smith the sum of $399.60, which was the rental value received by Mrs. Greeman from Lots 4 and 5 and the land accreted thereto.

The following is a reproduction of the pertinent part of a plat of the original Government Survey of 1884:

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Bluebook (online)
138 N.W.2d 433, 1965 N.D. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greeman-v-smith-nd-1965.