Peterson v. Jasmanka

SANDSTROM, Justice.

[¶ I] Monica Clark, as the personal representative of the estate of Lester Jas-manka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the judgment for fraud and misrepresentation under N.D.R.Civ.P. 60(b)(3) was untimely.

I

[¶ 2] Lester Jasmanka owned land in Mountrail County. In 1952, Jasmanka executed a warranty…