Norby v. Estate of Kuykendall

KAPSNER, Justice.

[¶ 1] Rocky Norby appeals, and the Estate of Kuykendall and others (collectively “Kuykendalls”) cross-appeal, from a judgment quieting title to certain McKenzie County property in James Kuykendall and dismissing Norby’s action to eject Kuykendall from the disputed property. Because Norby cannot claim title to accretions beyond the fixed boundary line set forth in his deed, we affirm the judgment.

I

[¶ 2] In 1912, Neis Olsen Walla received a patent from the United States for land in McKenzie County that abuts the Montana-North Dakota border. The Yellowstone River flows through…