Dennison v. N.D. Dept. of Human Serv.
John B. Dennison, Plaintiff and Appellant
North Dakota Department of
Human Services, successor to
the Public Welfare Board of
North Dakota, Defendant and Appellee
Southeast Judicial District,
Judge Gail Hagerty
|Nature of Action:||Real Property|
|Term:||12/2001  Argument: 12/18/2001|
|ND cite:||2002 ND 39|
640 N.W.2d 447
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the filing of a Homestead Statement, as provided by Section 50- 0707 of the North Dakota Revised Code of 1943, create any right, title, claim or lien in favor of the Public Welfare Board upon the property of a recipient of old age assistance?
ANSWER: No. A Homestead Statement merely created a restraint on alienation resulting in a void deed by a recipient of Old Age Assistance if the deed was given without the approval of the Public Welfare Board of North Dakota.
2. Does the appellant, John B. Dennison, have marketable title under the North Dakota Marketable Record Title Act?
ANSWER: Yes. Even though the deed and conveyance of Magdalena Retzer's one-third interest on August 31, 1951 was void, the Final Decree in the Matter of Christoph Retzer, dated October 7, 1952 and filed on October 8, 1952, constituted a root deed for purposes of the North Dakota Marketable Record Title Act. John B. Dennison has marketable title because he is the record title holder having an unbroken chain of title through his immediate and remote grantors by a deed of conveyance which has been recorded twenty years or more, and as record title holder, he is in possession of the property.
Appellee's Statement of the Issues:
1. In 1951, the State provided "old age" assistance to Magdalena Retzer. Because she owned the property, the State recorded a Homestead Statement. The filing of the Homestead Statement, as provided by Section 50-0707 of the North Dakota Revised Code of 1943, created an interest in favor of the State upon Magdalena Retzer's property.
2. The Marketable Record Title Act provides for a way to clear title defects. The Act, however, specifically exempts state property interests. The Act does not operate to deprive the state of interests it acquired under recorded Homestead Statements.
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|1||10/05/2001 NOTICE OF APPEAL: 10/03/2001|
|2||10/16/2001 APPELLANT BRIEF|
|3||10/16/2001 APPELLANT APPENDIX|
|4||10/19/2001 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|5||10/24/2001 Copies of Table of Contents and Table of Authorities for ATB|
|6||10/26/2001 DISK - ATB e-mailed|
|7||10/30/2001 RECORD ON APPEAL, w/exception of #29--Shorthand Notes|
|8||11/05/2001 Letter and Corrected Clerk's Certificate dtd. 11-2-01, indicating #29 should be shorthand notes|
|9||11/19/2001 APPELLEE BRIEF|
|10||11/19/2001 DISK - Electronically filed (AEB)|
|11||11/29/2001 SITTING WITH THE COURT: McClintock, Jr., John C.|
|12||12/18/2001 APPEARANCES: Terry W. Elhard; Matthew A. Sagsveen|
|13||12/18/2001 ARGUED: Elhard; Sagsveen (Vol. X; Page 188)|
|14||12/18/2001 ORAL ARGUMENT WEBCAST|
|15||02/22/2002 DISPOSITION: REVERSED AND REMANDED|
|16||02/22/2002 UNANIMOUS OPINION: Neumann, William A.|
|17||02/22/2002 Costs taxed in favor of Appellant John B. Dennison|
|18||02/22/2002 Order/Judgment Mailed to Parties|
|20||04/18/2002 Corrected/Substitute Opinion Page 2, line 1 of footnote and page 3|
|21||03/21/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||09/27/2007 EXPUNGED - Nonpermanent record items destroyed|