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Chornuk, et al. v. Nelson, et al.

Docket No. 20140124
Oral Argument: Tuesday, September 30, 2014 2:45pm

Docket Info

Title
Harry W. Chornuk and Linda D. Chornuk, Plaintiffs and Appellees
v.
Craig Nelson and Julie Nelson, Defendants and Appellants
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 10-C-00123
Northwest Judicial District, McKenzie County
Joshua B. Rustad
2014 ND 238857 N.W.2d 587
Oral Argument 9/30/2014

Highlight

A party who pays a judgment against him under coercion or duress does not waive the right to appeal from the judgment.
An unrecorded deed is void against any subsequent purchaser in good faith.
A good-faith purchaser must acquire rights without actual or constructive notice of another's rights.
A person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.

Briefs

Filing Date Description
05/14/2014 APPELLANT BRIEF View
06/13/2014 APPELLEE BRIEF View
06/27/2014 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Michael J Maus - 03499
APPELLANT PRIVATE PRACTICE Jordon Joseph Evert - 06969
APPELLEE PRIVATE PRACTICE Mark Conrad Sherer - 06749

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

Seq. # Filing Date Description Attachment
1 04/07/2014 NOTICE OF APPEAL : 04/04/2014
2 04/07/2014 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
3 04/10/2014 Amended Notice of Filing the Notice of Appeal
4 04/11/2014 MOTION FOR Admission and Affidavit of Aaron Hartman
5 04/15/2014 ACTION BY CLERK - Granted
6 04/21/2014 ELEC. RECORD ON APPEAL DATED April 17, 2014 (ENTRY NOS.1-82)
7 05/14/2014 Received $125.00 filing fee
8 05/14/2014 APPELLANT BRIEF View
9 05/14/2014 E-FILED BRIEF (PDF)
10 05/14/2014 APPELLANT APPENDIX
11 05/14/2014 E-FILED APPENDIX
12 05/15/2014 Received nonsubstantive changes to ATB and ATA
13 05/16/2014 Received $25.50 surcharge for ATB and partial payment for ATA (Receipt No. 22794)
14 05/19/2014 Received $2.00 surcharge for ATA (Receipt #22796)
15 05/19/2014 Received 7 copies of ATB from Central Duplicating
16 05/19/2014 Received 6 copies of ATA from Central Duplicating
17 06/13/2014 APPELLEE BRIEF View
18 06/13/2014 E-FILED BRIEF
19 06/16/2014 Rec'd $25.00 surcharge for AEB (Receipt #22848)
20 06/20/2014 Received nonsubstantive corrections to AEB
21 06/23/2014 Received 7 copies of AEB from Central Duplicating
22 06/27/2014 REPLY BRIEF View
23 06/27/2014 E-FILED BRIEF (pdf)
24 07/01/2014 Received courtesy copy of RYB
25 07/02/2014 Received 7 copies of RYB from Central Duplicating
26 08/11/2014 NOTICE OF ORAL ARGUMENT SENT
27 08/15/2014 SITTING WITH THE COURT : Schmalenberger, Allan L.
28 09/30/2014 APPEARANCES: Aaron Hartman and Jordon Evert/Michael Maus
29 09/30/2014 ARGUED: Hartman/Maus
30 09/30/2014 ORAL ARGUMENT WEBCAST
31 12/22/2014 DISPOSITION
32 12/22/2014 UNANIMOUS OPINION : Crothers, Daniel John View
33 12/22/2014 Costs taxed in favor of Appellees
34 12/22/2014 Judgment Sent to Parties
35 01/16/2015 MANDATE
36 06/13/2022 EXPUNGED - Nonpermanent record items destroyed