Cook v. Clark

MESCHKE, Justice.

We consider whether the doctrine of acquiescence may be applied to determine boundaries of “original grant” school lands held by patent from the State of North Dakota less than 20 years, although purchased from the State by contract for deed more than 20 years prior to this action. The trial court held acquiescence cannot apply, relying on a statute which says that such lands “which have been sold on contract shall retain their character as such grant lands until the contract has been paid up and a patent issued therefor.” § 15-06-01, N.D.C.C. We hold that the time period for…