Estate of Littlejohn
In the Matter of the Estate of
Earl R. Littlejohn, Deceased
Barbara Tanke, Lowen Littlejohn,
and Russell Littlejohn, heirs
of Earl R. Littlejohn, Deceased, Appellants
Becky J. Domier, Personal
Representative of the Estate of
Earl R. Littlejohn, Deceased, Appellee
Northeast Judicial District,
Judge Laurie A. Fontaine
|Nature of Action:||Probate - Wills - Trusts|
|Term:||04/2005  Argument: 04/18/2005 1:30pm|
|ND cite:||2005 ND 113|
698 N.W.2d 923
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
ISSUE ONE: Did the trial court err in calculating the ten (10) year statute of limitations from the Date of the execution of the deeds in question, rather than the date the parties knew or should have know of the defects?
ISSUE TWO: Is summary judgment in this case appropriate when a material question of fact exists regarding when the objecting parties had notice of the defect in the deeds?
ISSUE THREE: Did the deeds executed in 1990, and in 1991 under the authority of the Power of Attorney which did not grant the Attorneys in fact the power to convey real estate, convey title to the real property at issue, to wit: the NW¬ Sec. 4 Twp. 160 Rge. 52; NE¬ Sec. 14 Twp. 160 Rge. 53?
Appellee's Statement of the Issues:
I. Did the Trial Court Err in Calculating the Ten-Year Statute of Limitations From the Date of the Execution of the Deeds in Question, Rather Than the Date the Parties Knew or Should Have Known of the Defects?
II. Is Summary Judgment in this Case Appropriate When a Material Question of Fact Exists Regarding When the Objecting Parties Had Notice of the Defect in the Deeds?
III. Did the Deeds Executed in 1990 and in 1991 Under the Authority of the Power of Attorney, Which Did Not Grant the Attorneys in Fact the Power to Convey Real Estate, Convey Title to the Real Property at Issue, to-wit: The NW¬ of Section 4, Township 160, Range 52 and the NE¬ of Section 14, Township 160, Range 53?
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|1||11/18/2004||NOTICE OF APPEAL: 11/16/2004|
|2||11/18/2004||ORDER FOR TRANSCRIPT: 11/16/2004|
|3||12/14/2004||RECORD ON APPEAL|
|4||01/03/2005||TRANSCRIPT DATED June 3, 2002|
|5||01/05/2005||DISK - tra (6-3-02)|
|8||02/15/2005||DISK - ATB|
|9||02/15/2005||Affidavit of Service of ATB by mail dated 2/14/05|
|11||03/18/2005||Corrected TOA & Page 2 for AEB|
|12||03/18/2005||DISK - AEB|
|13||04/18/2005||APPEARANCES: Lawrence D. DuBois; Steven C. Ekman|
|14||04/18/2005||ARGUED: DuBois; Ekman (Vol. Z; Page 107)|
|15||04/18/2005||ORAL ARGUMENT WEBCAST|
|17||06/22/2005||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|18||06/22/2005||Costs on appeal taxed in favor of appellee|
|19||06/23/2005||Judgment Mailed to Parties|
|21||07/20/2005||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||05/14/2012||EXPUNGED - Nonpermanent record items destroyed|