Legal Opinion

Farmers Union Oil Co. of Garrison v. Smetana

North Dakota Supreme Court

Decided April 30, 2009No. 20080158PublishedCited by 48 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] George and Carolyn Smetana appeal from a district court summary judgment reforming a deed and quieting title to a disputed tract of property in favor of Farmers Union Oil Company of Garrison, doing business as Cenex (“Cenex”). We reverse and remand for further proceedings, concluding the district court erred in determining that, as a matter of law, the Smetanas were not good faith purchasers for value.

I

[¶ 2] In the early 1990s, Cenex and Lewis Bauer owned adjacent properties in Garrison. Bauer owned the northernmost 196 feet of Lots 13 and 14 in Block 1 of the McLean…

2Cases cited21 opinions

  1. Dulansky v. Iowa-Illinois Gas & Electric Co.Court of Appeals for the Eighth Circuit · 1951
  2. Albers v. NoDak Racing Club, Inc.North Dakota Supreme Court · 1977
  3. Diocese of Bismarck Trust v. Ramada, Inc.North Dakota Supreme Court · 1996
  4. Ell v. EllNorth Dakota Supreme Court · 1980
  5. Ward v. ShippNorth Dakota Supreme Court · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Barbie v. Minko Construction, Inc.North Dakota Supreme Court · 2009
  2. Lucas v. Riverside Park Condominiums Unit Owners Ass'nNorth Dakota Supreme Court · 2009
  3. Hamilton v. WollNorth Dakota Supreme Court · 2012
  4. Saltsman v. SharpNorth Dakota Supreme Court · 2011
  5. State v. TresenriterNorth Dakota Supreme Court · 2012

43 more not listed; retrieve them via the Exa API.

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