Home/North Dakota Supreme Court/Woodland v. Woodland

Woodland v. Woodland

147 N.W.2d 590, 1966 N.D. LEXIS 146
CourtNorth Dakota Supreme Court
DecidedDecember 8, 1966
Docket8243
StatusPublished
Cited by42 cases

This text of 147 N.W.2d 590 (Woodland v. Woodland) 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
Woodland v. Woodland, 147 N.W.2d 590, 1966 N.D. LEXIS 146 (N.D. 1966).

Opinion

TEIGEN, Chief Justice.

Plaintiff appealed from an adverse judgment, demanding trial de novo. He also appealed from an order denying a new trial.

This action was brought in the District Court of Emmons County, North Dakota, as an action to quiet title and for damages for trespass to the Southwest Quarter of Section 12, in Township 136 North of Range 79. The defendants answered in the form of a general denial, and counterclaimed asking that title be quieted in defendants Har-tung and Thompson to Lots 6, 7, and 8, of said Section 12, including accretions thereto, and for damages for trespass. The plaintiff replied to the counterclaim, generally denying the allegations, and cross-claimed, asking that title be quieted in the plaintiff to said Lots 6, 7 and 8, of Section 12, except to a small tract of about 12 acres which he alleges is located within an area originally surveyed as a part of Lot 8. The cross-claim is premised on the ground that the plaintiff is also the owner of Sections 2 and 11, in Township 136 North of Range 79, and accretions thereto, which accretions now extend over the area which was formerly Lots 6, 7, and 8, except for the said 12 acres located in Lot 8, and prays that title be quieted in the plaintiff as to the accretions. The defendant Noel Woodland was dismissed from the action by agreement of the parties. Lawrence Woodland is a tenant of the defendants Hartung and Thompson. This action was tried to the court without a jury.

This dispute arises as a result of changes that occurred in the main channel of the Missouri River over a long period of time. In the trial of the case much evidence was adduced and many exhibits introduced. Many of the exhibits consisted of maps, photographs, and the original surveys made of the area in question. We have prepared a composite sketch from thp various maps, surveys, and photographs which we believe fairly represents true locations of the fractional subdivisions of land and the channel of the river as it existed at different times and is helpful in understanding the facts in this case.

*595 N5

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Bluebook (online)
147 N.W.2d 590, 1966 N.D. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodland-v-woodland-nd-1966.