Fettig v. Fettig, et al.

Docket No. 20190102
Oral Argument: Wednesday, September 4, 2019 2:45 PM

Docket Info

Title
Howard F. Fettig, Plaintiff and Appellee
v.
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
and
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

  • Appellant

    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?

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
05/13/2019 APPELLANT BRIEF View
06/11/2019 APPELLEE BRIEF View
06/25/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Nathan Morris Bouray - 06311
APPELLEE PRIVATE PRACTICE Christina M. Wenko - 06884

(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.
7 05/13/2019 APPELLANT BRIEF View
8 05/13/2019 APPELLANT APPENDIX
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
14 06/11/2019 APPELLEE BRIEF View
15 06/11/2019 APPELLEE APPENDIX
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
20 06/25/2019 REPLY BRIEF View
21 06/27/2019 Rec'd 6 copies of RYB from Central Duplicating
22 08/02/2019 NOTICE OF ORAL ARGUMENT SENT