Olvera v. Johnson
Phyllis Ann Clary, Donald Paul Brown,
David Wendel Chase, Judith Helen Kullberg,
Sandra Kaye Rupp, Richard Manley Brown,
Mildred Brown, Barbara Huff, Diane M.
Hembree, Rick Craig Brown, Kathleen J.
Smith, Jessie Rolfsrud, Katherine
Eichenberger, and Patricia Elmer, Plaintiffs and Appellants
v.
Darrell Johnson; Gregory S. Gardner;
Marianne E. Gardner; Sharon R. Gardner;
Catherine M. Gardner; Christopher J.
Gardner; David W. Gardner; Martha P.
Gardner; Patrick J. Gardner, Camilla
Gardner Burke, and William L.
Gardner, III, Managing Partners of the
Murphy Gardner Partnership; The unknown heirs,
devisees, legatees and creditors of
Russell Gilmore; The unknown heirs,
devisees, legatees and creditors of
Russell L. Gilmore; Sherry Bohlman,
formerly known as Sherry L. Barber;
Melody Ferreria, formerly known as
Melody A. Freier; Pamela S. Hutton;
Shawn Gilmore; Eric Gilmore; Christopher
Gilmore; Edith Voller; Joan Dangerfield;
Dorothy Lipp; Robert Wagner; Alica
Fischer; Sharon Brooks; Dorothy M.
Gilmore, Trustee of the Revocable
Living Trust dated October 14, 1993;
Joe R. Dobson, also known as Joseph
Dobson; Mary Frances Peterson; James M.
Dobson Jr., also known as James Dobson;
The Dublin Company; Burlington Resources
Oil & Gas Company; Continental Resources, Inc.;
Liberty Bank and Trust of Oklahoma City, N.A.
and John K. Sley, Jr. Trustees; Diamond
Resources, Inc.; Altair Corporation; and
all other persons unknown claiming any estate
or interest in, or lien or encumbrance upon
the property described in the Complaint, Defendants and Appellees
Judge Allan L. Schmalenberger
| Appellant: | Mackoff, Kellogg, Kirby & Kloster, P.C. | |
| Appellee: | Pearce & Durick | |
| Appellee: | Crowley Fleck PLLP | |
| Defendant: | Carpenter Law Offices | |
| Appellee: | Crowley, Haughey, Hanson, Toole & Dietrich, PLLP | |
| Appellee: | LaRoy Baird, P.C. |
Is Chapter 30 of the Compiled Laws of 1913 properly interpreted to provide that the severed mineral interests acquired subject to a mortgages dated prior to 1919 are foreclosed by a 1923 advertisement proceedings conducted without notice to that severed mineral interest owner?
If so, do undisputed facts showing that the foreclosing mortgagee did not intend to acquire the interest of Brown Brothers Corporation as a matter of law prevent foreclosure or termination of its severed mineral interest?
Alternatively, do the facts contained within the public record showing that the foreclosing mortgagee did not intend to acquire the severed mineral interests of Brown Brothers Corporation raise a genuine issue of material fact requiring a trial and preventing the granting of summary judgment?
Appellee's Statement of the Issues:
Whether as a matter of law the severed mineral interests, if any, acquired by the Brown Brothers Corporation were extinguished as a result of the foreclosure by advertisement proceedings conducted pursuant to the Foreclosure Act codified as Chapter 30 of the Compiled Laws of the State of North Dakota of 1913.
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