Ward v. Shipp

PEDERSON, Justice.

The Wards appeal from a judgment dismissing their action seeking to quiet title to a tract of real estate, quieting title instead in the Shipps; and from an order denying their motion to amend the judgment. The Shipps have cross-appealed. We reverse and remand.

The Ward and Shipp families have owned adjacent tracts of farmland north of Bismarck for many years. Over 40 years ago, the families built a wire fence to separate their properties. The Wards farmed the land on the east side of the fence until 1980. In 1980, George Shipp had his land surveyed in contemplation of a sale…