Fettig v. Fettig, et al.
- Howard F. Fettig, Plaintiff and Appellee
Estate of Anton L. Fettig, Gerald A. Cullen
as Conservator for S.F.F., Charles E. Fettig,
Morgen J. Fettig, Gabriel W. Fettig, and all
other persons known and unknown having or claiming
any right, title, estate or interest in or lien
or encumbrance upon the real property described
in the complaint, whether as heirs, devisees,
legatees or Personal Representatives of the
aforementioned parties or as holding any claim
adverse or Plaintiffs' ownership or any cloud
upon Plaintiffs' title thereto, Defendants
Anton Jacob Fettig, Defendant and Appellant
- Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
Case No. 2018-CV-00372
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
Parties' Statement of Issues
Whether the District Court properly concluded that a particular deed executed in 2001 was void due to the grantees being minors at the time of execution.
a. If the 2001 Warranty deed was a gift?
b. Does the doctrine of Res Judicata preclude adjudication?
1. Whether the district court’s determination that Howard Fettig and Morgen Fettig are the rightful owners of real property located in McKenzie County should be upheld when the deed initially conveying the property in dispute identified two minor grantees who could not exercise dominion and control over the property, which is required to constitute a valid inter vivos gift.
2. Whether the district court’s determination that Howard Fettig and Morgen Fettig are the rightful owners of real property located in McKenzie County should be upheld based on the legal doctrine of res judicata when the central legal issue in their quiet title actions had previously been litigated and decided in a separate action where all the same parties were present.
Anton Jacob Fettig appealed from a district court judgment granting Howard Fettig’s and Morgen Fettig’s motions for summary judgment.
In 2001, Anton L. Fettig executed a warrany deed conveying real property located in McKenzie County, North Dakota, to his minor children, namely Anton Jacob Fettig and S.F.F. In 2004, Anton L. Fettig executed another warranty deed conveying the land back to himself. Subsequently, in 2005, Anton L. Fettig executed separate quit claim deeds conveying portions of the disputed parcel to his adult children, namely Charles, Howard, and Morgen.
In 2016, Charles brought suit to quiet title to the portion of the real property deeded to him. The district court granted summary judgment declaring Charles to be the true and correct owner of the property at issue. Because title was quieted in Charles’ favor, Howard and Morgen brought suit to quiet title to the portions of the real property deeded to them. In January, 2019, the district court ordered summary judgment declaring Howard and Morgen to be the true and correct owners of the real property at issue.
On appeal, Howard and Morgen argue that the 2001 deed was void under N.D.C.C. § 14-10-09. Howard and Morgen also argue that Anton Jacob Fettig’s claim is barred by the doctrine of res judicata. Anton Jacob Fettig argues that the 2001 deed is not void because it was meant as a gift to himself and S.F.F. Anton Jacob Fettig also argues that the doctrine of res judicata does not bar his claim because Howard and Morgen were named as defendants, not plaintiffs, in Charles’ case.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/01/2019||NOTICE OF APPEAL : 04/01/2019|
|2||04/04/2019||Received $125 filing fee|
|3||04/04/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||04/04/2019||Notice served on Nathan A. Bouray, Christina M. Wenko, Olivia L. Krebs, Gabriel Fettig, Gerald|
|5||04/04/2019||A. Cullen, & Charles Fettig|
|6||04/05/2019||This case is consolidated w/ 20190103. Make all entries except ROA, DIS, & MAN in 20190102.|
|9||05/15/2019||Rec'd $11.50 for ATA (page limit) (27062)|
|10||05/16/2019||Rec'd nonsubstantive corrections to ATB & ATA|
|11||05/16/2019||ELEC. RECORD ON APPEAL DATED MAY 15, 2019 (ENTRY NOS.1-56)|
|12||05/16/2019||Rec'd $4.00 for ATA (extra 4 pages) (receipt #27074)|
|13||05/21/2019||Rec'd ATB & ATA from Central Duplicating|
|16||06/11/2019||Oral Argument Request by Appellee|
|17||06/17/2019||Rec'd non-substantive corrections to AEB|
|18||06/20/2019||Rec'd 6 copies of AEB back from Central Duplicating|
|19||06/20/2019||Rec'd 6 copies of AEA back from Central Duplicating|
|21||06/27/2019||Rec'd 6 copies of RYB from Central Duplicating|
|22||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|