Higgins v. Mills

ERICKSTAD, Judge.

The plaintiffs brought an action in 1966 under Chapter 32-17, N.D.C.C., to determine adverse claims to real property. The defendants moved for a dismissal of the action on the grounds that the district court of Morton County had no jurisdiction of the subject matter, contending that the land in question was situated in Burleigh County. After due hearing thereon, the district court of Morton County concluded that the land, title to which was in dispute, was in Burleigh County, and therefore the district court of Morton County had no jurisdiction. It did so after determining…