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Melchior v. Lystad, et al.

Docket No. 20100045
Oral Argument: Monday, June 14, 2010 2:45pm

Docket Info

Title
Roger J. Melchior, aka Melchoir
and Barbara J. Melchior, aka Melchoir, Plaintiffs and Appellants
v.
Kenneth O. Lystad, Hope Elaine Lystad,
Brent K. Rodenhizer, Naomi J. Rodenhizer,
and American Trust Center, as Trustee of
the Lystad Family Irrevocable Mineral
Trust, Defendants and Appellees
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 09-C-121
North Central Judicial District, Mountrail County
Douglas L. Mattson
2010 ND 140786 N.W.2d 008
Oral Argument 6/14/2010

Highlight

Summary judgment is appropriate if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result.
Where a grantor conveys land in such a manner as to include all of the minerals, and then reserves to himself fifty percent of the minerals, the reservation is not operative when the grantor owns only fifty percent of the minerals. Both the grant and the reservation cannot be given effect, so the grantor loses because the risk of title loss is on the grantor.
For a mutual mistake to justify reformation of a contract, it must be shown that at the time of the execution of the agreement, both parties intended to say something different from what was said in the instrument.

Briefs

Filing Date Description
04/13/2010 APPELLANT BRIEF View
05/12/2010 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jon Bogner - 03468
APPELLEE PRIVATE PRACTICE Michael J Maus - 03499

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/08/2010 NOTICE OF APPEAL : 02/04/2010
2 02/08/2010 ORDER FOR TRANSCRIPT : 02/04/2010
3 03/05/2010 RECORD ON APPEAL
4 03/09/2010 There were no hearings so no transcripts are available. 40 days for brief due is March 16, 2010.
5 03/12/2010 MOT. EXT/TIME APPELLANT BRIEF
6 03/12/2010 E-FILED MOTION - MAT
7 03/12/2010 ACTION BY CLERK - MAT - Granted : 04/15/2010
8 04/13/2010 APPELLANT BRIEF View
9 04/13/2010 DISK - ATB
10 04/13/2010 APPELLANT APPENDIX
11 04/16/2010 Copies of Trial Court Docket Sheet for ATA
12 05/12/2010 APPELLEE BRIEF View
13 05/12/2010 DISK - AEB
14 05/18/2010 NOTICE OF ORAL ARGUMENT SENT
15 06/14/2010 APPEARANCES: Jon Bogner; Michael J. Maus
16 06/14/2010 ARGUED: Bogner; Maus
17 06/14/2010 ORAL ARGUMENT WEBCAST
18 07/13/2010 DISPOSITION
19 07/13/2010 UNANIMOUS OPINION : Sandstrom, Dale V. View
20 07/13/2010 (CONCUR IN THE RESULT) : VandeWalle, Gerald W.
21 07/13/2010 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEES
22 07/15/2010 Judgment Sent to Parties
23 07/22/2010 PETITION FOR REHEARING View
24 07/22/2010 DISK-PER (E-MAILED)
25 08/17/2010 ACTION BY SUPREME COURT (PER) - Denied
26 09/03/2010 MANDATE
27 09/09/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 06/21/2021 EXPUNGED - Nonpermanent record items destroyed