State ex rel. Bd. of University and School Lands v. Alexander

20050409 State of North Dakota ex rel.
Board of University and School
Lands, Plaintiff and Appellee
v.
Donald J. Alexander
and Ethel A. Alexander, Defendants and Appellants

Appeal from: District Court, South Central Judicial District, Sheridan County
Judge Burt L. Riskedahl
Nature of Action: Landlord/Tenant
Counsel:
Appellant: Pro se
Appellee: Douglas Bruce Anderson , Att. General Office
Appellant: Pro se
Term: 05/2006   Argument: 05/02/2006  1:30pm
ND cite: 2006 ND 144
NW cite: 718 N.W.2d 2

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Following are Issues that would have been raised at trial and were in the record of pleadings submitted to the court, which would bare on the outcome of the proceeding if the Defendants would have been able to make the record at trial.
REASONS TO GRANT A NEW TRIAL 1. The defendants have a right to be present at their trial before the court and absence of indispensable parties, as The Defendants so informed the court before trial and in the record is abuse of discretion in such a situation consists of an unreasonable, arbitrary, or unconscionable attitude on the part of the trial court.
2. Defendant's letter, notified the Court and opposing counsel of a family emergency with the necessity to be out of state, therefore it was reasonable to expect the trial to be postponed, the same courtesy extended to attorneys.
3. The Defendants submitted evidence by SPECIAL LIMITED APPEARANCE by Affidavit which was not addressed, and in a new trial, would make the record.
4. Defendants Exhibit E (AFFIDAVIT OF PUBLICATION FOR RECORDING) and NOTICE TO THE RECORDER were submitted by SPECIAL LIMITED APPEARANCE and would be entered into the record.
5. Defendants Exhibit E (ORDER FOR ENTRY OF JUDGMENT UPON THE PUBLIC RECORD) subject of Affidavit of Publication for Recording would be entered in the Record. Sheridan County Recorder was ordered to file judgment lien against the same property subject of this action.
6. Proof of payment of fees for recording by US Postal money orders to the Recorder of Sheridan County.
7. Exhibit B, Constructive Notice, to the Court citing law of the case which would have been made part of the record.
8. Exhibit A, Default Judgment dated June 22, 2004 against The Sheridan County Recorder for refusal to file a deed properly submitted. Joyce Dockter willfully chose not to respond to the plaintiffs summons and agreed to a default judgment nearly a year later. Judgment lien was taken against the same property of this action valued then by third party appraisal at $243,000.00.
9. Joyce Dockter's Default Judgment named co-conspirators in the denial of filing the deed as the Attorney General's Office and the Sheridan County States Attorney. Denial of access to the Public Record by elected officials violates the civil rights of citizens under Color of State Law, U.S.C. Title 42  1983, U.S.C. Title 42  1985(3) Title 42  1986, Title 42 1982.
10. Joyce Dockter violated her oath of office by discouraging a bidder from bidding on the ND LAND DEPARTMENT sale of the property of this action.
11. Joyce Dockter allegedly has had an extra-marital affair with Garret Frueh, Father-in-law of the successful bidder and current farm operator (a Constructive Trust) Actions of the Recorder in this affair constitute malfeasance in office.
12. The North Dakota State Land Department conducted a sale of the property of this action on March 10, 2005 during which a Federal Automatic Stay was in place with Notice. All proceedings would be considered fraudulent under the Stay because all parties were noticed of the Federal Stay in place.
13. Pursuant to: NDRCP Rule 17 Indispensable real party in interest, NDRCP Rule18 (a) Joinder of Claims and (b) joinder of Remedies, NDCP 19 (b) Joinder of indispensable party not feasible, NDRCP 59 (b) 1,3,4 (d) incomplete record.
14. The Lower court created a Constructive Trust composed of personal property of Northern Living Trust (cestui que trust) at the bidding of The Board Counsel. (un-just enrichment).
15. Sunflower Properies Trust, Registered in Sheridan County, is an indispensable party, the Trust was legally registered in Sheridan County (Document number 113209) Trust of record holding a first Mortgage position, quiet title action by The Board without notice from The Board
16. Northern Living Trust is an indispensable party, Northern Living Trust was established and legally registered in Wells County (Document number 188170) Counsel for the Board Knew or Should have known of both Trusts of record.
17. The Pembina Nation is an indispensable party holding Aboriginal title to the lands of this action.Following are Issues that would have been raised at trial and were in the record of pleadings submitted to the court, which would bare on the outcome of the proceeding if the Defendants would have been able to make the record at trial.
REASONS TO GRANT A NEW TRIAL 1. The defendants have a right to be present at their trial before the court and absence of indispensable parties, as The Defendants so informed the court before trial and in the record is abuse of discretion in such a situation consists of an unreasonable, arbitrary, or unconscionable attitude on the part of the trial court.
2. Defendant's letter, notified the Court and opposing counsel of a family emergency with the necessity to be out of state, therefore it was reasonable to expect the trial to be postponed, the same courtesy extended to attorneys.
3. The Defendants submitted evidence by SPECIAL LIMITED APPEARANCE by Affidavit which was not addressed, and in a new trial, would make the record.
4. Defendants Exhibit E (AFFIDAVIT OF PUBLICATION FOR RECORDING) and NOTICE TO THE RECORDER were submitted by SPECIAL LIMITED APPEARANCE and would be entered into the record.
5. Defendants Exhibit E (ORDER FOR ENTRY OF JUDGMENT UPON THE PUBLIC RECORD) subject of Affidavit of Publication for Recording would be entered in the Record. Sheridan County Recorder was ordered to file judgment lien against the same property subject of this action.
6. Proof of payment of fees for recording by US Postal money orders to the Recorder of Sheridan County.
7. Exhibit B, Constructive Notice, to the Court citing law of the case which would have been made part of the record.
8. Exhibit A, Default Judgment dated June 22, 2004 against The Sheridan County Recorder for refusal to file a deed properly submitted. Joyce Dockter willfully chose not to respond to the plaintiffs summons and agreed to a default judgment nearly a year later. Judgment lien was taken against the same property of this action valued then by third party appraisal at $243,000.00.
9. Joyce Dockter's Default Judgment named co-conspirators in the denial of filing the deed as the Attorney General's Office and the Sheridan County States Attorney. Denial of access to the Public Record by elected officials violates the civil rights of citizens under Color of State Law, U.S.C. Title 42  1983, U.S.C. Title 42  1985(3) Title 42  1986, Title 42 1982.
10. Joyce Dockter violated her oath of office by discouraging a bidder from bidding on the ND LAND DEPARTMENT sale of the property of this action.
11. Joyce Dockter allegedly has had an extra-marital affair with Garret Frueh, Father-in-law of the successful bidder and current farm operator (a Constructive Trust) Actions of the Recorder in this affair constitute malfeasance in office.
12. The North Dakota State Land Department conducted a sale of the property of this action on March 10, 2005 during which a Federal Automatic Stay was in place with Notice. All proceedings would be considered fraudulent under the Stay because all parties were noticed of the Federal Stay in place.
13. Pursuant to: NDRCP Rule 17 Indispensable real party in interest, NDRCP Rule18 (a) Joinder of Claims and (b) joinder of Remedies, NDCP 19 (b) Joinder of indispensable party not feasible, NDRCP 59 (b) 1,3,4 (d) incomplete record.
14. The Lower court created a Constructive Trust composed of personal property of Northern Living Trust (cestui que trust) at the bidding of The Board Counsel. (un-just enrichment).
15. Sunflower Properies Trust, Registered in Sheridan County, is an indispensable party, the Trust was legally registered in Sheridan County (Document number 113209) Trust of record holding a first Mortgage position, quiet title action by The Board without notice from The Board
16. Northern Living Trust is an indispensable party, Northern Living Trust was established and legally registered in Wells County (Document number 188170) Counsel for the Board Knew or Should have known of both Trusts of record.
17. The Pembina Nation is an indispensable party holding Aboriginal title to the lands of this action.
18. Defendant Donald James; Alexander is holder in due course of equity, as Remainder-man in The Land and fixtures ( Pursuant to UCC-1 Security Agreement - 00-000957317 dated 08/01/2000) on aforesaid real property claimed in this action. After making payments for 17 years-paying more than $ 300,000.00 on their BND Note, equity in excess of the $203,000.00 remains with the Remainder-man as per UCC security agreement. (The Board is not entitled to unjust enrichment).
19. Pursuant to CJS:  34. Fraud and Deceit, "By the expression [ extrinsic collateral fraud ] in connection with granting of new trials, is meant some act or conduct by the prevailing party which has prevented a full submission of the controversy." "A court possesses inherent power to protect itself against imposition and should not hesitate to set aside a verdict obtained by deception and affords ground for a new trial.


Appellee's Statement of the Issues:
Whether the district court acted within its discretion in denying the defendants' Application for New Trial.

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Docket entries:
111/29/2005 NOTICE OF APPEAL: 11/23/2005
212/23/2005 RECORD ON APPEAL
312/28/2005 MOT. EXT/TIME APPELLANT BRIEF (letter dated 12-26-05 from Mr. Alexander)
412/28/2005 ACTION BY CLERK (MAT). Granted: 02/01/2006
512/28/2005 Motion & Affidavit for Permission to Appeal In Forma Pauperis
612/28/2005 NO ACTION TAKEN (Mot. & Aff/Permission/Appeal/In Forma Pauperis)
702/01/2006 MOT. EXT/TIME APPELLANT BRIEF (faxed letter dated 2-01-06)
802/01/2006 E-FILED MOTION (MAT)
902/03/2006 ACTION BY CHIEF JUSTICE (MAT). Granted: 02/06/2006
1002/08/2006 APPELLANT BRIEF
1102/08/2006 DISK - ATB
1202/14/2006 APPELLANT APPENDIX
1302/15/2006 ATB signature page signed by both Ethel and James Alexander
1402/15/2006 Ltr. dtd 2-13-06 from Ethel Alexander stating she has not abandoned the appeal in this matter.
1502/15/2006 Corrected cover page for ATB
1602/23/2006 DISK - ATB (e-mailed)
1703/08/2006 MOT. EXT/TIME APPELLEE BRIEF (faxed letter from Doug Anderson dated 3-8-05)
1803/08/2006 E-FILED MOTION (MAE)
1903/08/2006 ACTION BY CLERK. Granted: 03/28/2006
2003/13/2006 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
2103/14/2006 ACTION BY CHIEF JUSTICE (Mot/Leave/File/Amicus/Brief). denied
2203/14/2006 Order Denying Mot/File/ACB Mailed to Parties
2303/28/2006 APPELLEE BRIEF
2403/28/2006 APPELLEE APPENDIX
2503/28/2006 DISK - AEB (emailed)
2604/13/2006 DISK of RYB
2704/14/2006 REPLY BRIEF
2804/19/2006 Copies of corrected pages 9, 10 & 11 for RYB
2904/19/2006 Corrected disk of RYB (e-mailed)
3004/26/2006 MOTION TO FILE LODGMENT OF NOTICE PRO INTRESSE SUO BRIEF
3104/26/2006 ACTION BY CHIEF JUSTICE (Mot to File Lodgment Brief). Denied
3205/02/2006 APPEARANCES: Donald J. Alexander; Douglas B. Anderson
3305/02/2006 ARGUED: Alexander; Anderson
3405/02/2006 ORAL ARGUMENT WEBCAST
3506/29/2006 DISPOSITION: AFFIRMED
3606/29/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
3706/29/2006 Costs on appeal taxed in favor of Appellee.
3807/03/2006 Judgment Mailed to Parties
3907/05/2006 Mot. Ext/Time Petition for Rehearing
4007/05/2006 ACTION BY CHIEF JUSTICE. Granted: 08/28/2006
4108/30/2006 PETITION FOR REHEARING
4208/30/2006 Attachment to Petition for Rehearing
4308/31/2006 DISK - PER
4409/13/2006 ACTION BY SUPREME COURT (PER). Denied
4509/20/2006 MOTION FOR STAY OF MANDATE
4609/20/2006 ACTION BY CLERK (Mot/Stay/Mandate). Granted: 10/22/2006
4710/25/2006 Received Petition for Writ of Certiorari to U.S. Supreme Court from AT
4810/25/2006 STAY PENDING U.S. Supreme Court's action on Writ of Certiorari
4912/21/2006 Motion for Leave to Proceed in Forma Pauperis to U.S. Supreme Court w/Affidavit and Service
5001/02/2007 Letter from US Supreme Court Re: Pet/Writ/Certiorari placed on docket
5101/25/2007 Copy of Bill Quia Timet of Northern Living Trust Indispensible Party to U.S. Supreme Court
5201/25/2007 Proof of service of Bill Quia Timet of Northern Lifing Trust, Indispensible Party
5302/26/2007 Letter from U.S. Supreme Court dated 2-20-07 RE: Petition for Writ of Certiorari denied.
5402/26/2007 MANDATE
5503/02/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5604/09/2007 Letter from U.S. Supreme Court re: Petition for Rehearing is denied

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