Treiber v. Citizens State Bank

SANDSTROM, Justice.

[¶ 1] Anne Treiber and Citizens State Bank appealed from a summary judgment dismissing Treiber’s action to partition real property. We affirm, holding partition under N.D.C.C. § 32-16-01 is available only when there are cotenants with current possessory interests in the property-

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[¶ 2] In 1975, Fred Treiber deeded a tract of land in Morton County to his three children, reserving a life estate to his wife, Anne Treiber. In October 1994, two of the Treiber children deeded their remainder interests to Anne Treiber. Shortly thereafter, the third child deeded her remainder…