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New opinions: Oct. 27

The Supreme Court has issued four new opinions.

The summaries are below.

To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.

See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions

Highlight: A transfer in writing is called a grant. A grant takes effect upon its delivery. For a delivery to occur, a grantor must intend to pass title. Delivery of a grant with intent that title transfer upon some contingency or condition is prohibited. A conditional delivery is absolute.

The rules of contract interpretation apply to oil and gas leases. Contracts executed together concerning the same subject matter may be read and construed together, but they retain their separate identity. Extrinsic evidence, including another agreement, may not be used to alter the unambiguous terms of an oil and gas lease.

An unrecorded instrument encumbering real estate is valid as to those with notice of the instrument.

State v. Wilson 2022 ND 181
Docket No.: 20220123
Filing Date: 10/27/2022
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Schmidt v. Hageness, et al. 2022 ND 180
Docket No.: 20220138
Filing Date: 10/27/2022
Case Type: OIL, GAS AND MINERALS
Author: Per Curiam

Highlight: Dismissal of complaint alleging quiet title to land is summarily affirmed under N.D.C.C. § 32-17-01 because warranty deed failed to meet requirements under N.D.C.C. § 47-10-05.

Schmidt v. Hageness, et al. 2022 ND 179
Docket No.: 20220109
Filing Date: 10/27/2022
Case Type: REAL PROPERTY
Author: Crothers, Daniel John

Highlight: Dismissal of complaint alleging quiet title to land is summarily affirmed under N.D.C.C. § 32-17-01 because warranty deed failed to meet requirements under N.D.C.C. § 47-10-05.

Dismissal of motions for reconsideration are summarily affirmed for failing to meet grounds for relief under N.D.R.Civ.P. 59(j) or 60(b).