Falconer v. Farmers Union Oil Co.

PEDERSON, Justice.

This is an appeal from the order of the district court, Fourth Judicial District, quieting title to a rural Burleigh County five-acre tract of land in Michael J. Riedinger. We- must determine if the act of platting the tract constituted an abandonment of homestead rights in that portion of the homestead of Riedinger’s predecessor in interest, William L. Falconer. We determine that it does not. Affirmed.

Falconer has resided on a 160-acre tract of land south of Bismarck for approximately 30 years, first as a joint tenant and, since 1955, as sole owner. In 1971 a five-acre…