Locken v. Locken | |||||||
| 20100297 |
David Locken, Plaintiff and Appellant
v. Loren Locken as Trustee of the Virgil and Marjorie Locken Family Trust under the Trust Agreement dated December 27, 2002; Jon Locken and Loren Locken as Co-Personal Representatives of the Marjorie Locken Estate; Jon Locken and Loren Locken, as Co-Personal Representatives of the Virgil K. Locken Estate; Jon Locken, Inc.; Loren W. Locken, Inc.; Jon Locken; Loren Locken; Bernard Vculek as Trustee of the Bernard L. Vculek Revocable Trust; Marlene Vculek as Trustee of the Marlene Vculek Revocable Trust; and the unknown spouses, the unknown heirs, administrators, executors, successors, devisees, legatees, assigns and personal representatives of any kind of all of the above named defendants, and all other persons unknown claiming any rights, title or interest in, or lien or encumberance upon the property described in the Complaint, Defendants and Appellees | ||||||
| Appeal from: |
District Court,
Southeast Judicial District,
Dickey County
Judge John E. Greenwood | ||||||
| Nature of Action: | Real Property | ||||||
| Counsel: |
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| Term: | 01/2011  Argument: 01/10/2011 10:00am | ||||||
| ND cite: | 2011 ND 90 | ||||||
| NW cite: |
797 N.W.2d 301
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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| Issues: |
Appellant's Statement of the Issues: Does the term "due date," as that term is used in N.D.C.C. 28-01-42, mean the date the last payment on the contract for deed was due, or does it mean the date the last payment was actually paid? Appellee's Statement of the Issues: 1. Does the term "due date," as that term is used in N.D.C.C. 28-01-42, mean the date the last payment on the Contract for Deed was due, or does it mean the date the last payment was actually paid? 2. Does N.D.C.C. 28-01-15(2) prohibit David Locken's claim? | ||||||
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| 1 | 09/16/2010 | NOTICE OF APPEAL: 09/13/2010 | ||
| 2 | 10/08/2010 | APPELLANT BRIEF (e-filed) | ||
| 3 | 10/08/2010 | E-FILED BRIEF (ATB) | ||
| 4 | 10/08/2010 | APPELLANT APPENDIX (e-filed) | ||
| 5 | 10/08/2010 | E-FILED APPENDIX (ATA) | ||
| 6 | 10/11/2010 | Received $25 surcharge for ATB (Receipt #20004) | ||
| 7 | 10/13/2010 | Received 7 copies of ATB from CSD | ||
| 8 | 10/13/2010 | Received 6 copies of ATA from CSD | ||
| 9 | 10/13/2010 | RECORD ON APPEAL (electronic 1-87) | ||
| 10 | 10/28/2010 | STATEMENT: Response to Appealability issue received | ||
| 11 | 11/09/2010 | APPELLEE BRIEF (electronic) | ||
| 12 | 11/09/2010 | E-FILED BRIEF (AEB) | ||
| 13 | 11/09/2010 | Rec'd $25.00 AEB e-file surcharge fee. (receipt no. 20046) | ||
| 14 | 11/12/2010 | Rec'd 7 copies of AEB back from Central Duplicating. | ||
| 15 | 11/23/2010 | REPLY BRIEF (e-filed) | ||
| 16 | 11/23/2010 | E-FILED BRIEF (RYB) | ||
| 17 | 11/24/2010 | Received 7 copies of RYB from Central Duplicating. | ||
| 18 | 12/13/2010 | NOTICE OF ORAL ARGUMENT SENT | ||
| 19 | 12/06/2010 | Rec'd corrected page 7 for AEB - cc made by this office and distributed | ||
| 20 | 01/10/2011 | APPEARANCES: Sara K. Sorenson; Michael D. McNair | ||
| 21 | 01/10/2011 | ARGUED: Sara K. Sorenson; Michael D. McNair | ||
| 22 | 01/10/2011 | ORAL ARGUMENT WEBCAST | ||
| 23 | 05/11/2011 | DISPOSITION: AFFIRMED | ||
| 24 | 05/11/2011 | UNANIMOUS OPINION: Crothers, Daniel John | ||
| 25 | 05/11/2011 | Costs on Appeal taxed in favor of Appellees | ||
| 26 | 05/12/2011 | Judgment Sent to Parties | ||
| 27 | 06/08/2011 | MANDATE |