Estate of Littlejohn

20040326 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

Appeal from: District Court, Northeast Judicial District, Pembina County
Judge Laurie A. Fontaine
Nature of Action: Probate - Wills - Trusts
Appellant: Fleming, DuBois & Fleming, PLLP
Appellee: Welch and Ekman
Term: 04/2005   Argument: 04/18/2005
ND cite: 2005 ND 113
NW cite: 698 N.W.2d 923

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
111/18/2004 NOTICE OF APPEAL: 11/16/2004
211/18/2004 ORDER FOR TRANSCRIPT: 11/16/2004
312/14/2004 RECORD ON APPEAL
401/03/2005 TRANSCRIPT DATED June 3, 2002
501/05/2005 DISK - tra (6-3-02)
802/15/2005 DISK - ATB
902/15/2005 Affidavit of Service of ATB by mail dated 2/14/05
1003/14/2005 APPELLEE BRIEF
1103/18/2005 Corrected TOA & Page 2 for AEB
1203/18/2005 DISK - AEB
1304/18/2005 APPEARANCES: Lawrence D. DuBois; Steven C. Ekman
1404/18/2005 ARGUED: DuBois; Ekman (Vol. Z; Page 107)
1706/22/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
1806/22/2005 Costs on appeal taxed in favor of appellee
1906/23/2005 Judgment Mailed to Parties
2007/15/2005 MANDATE
2205/14/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 06/15/2018