Reese v. Reese-Young
Docket No. 20190202
Oral Argument:
Thursday, November 7, 2019 10:45 AM
Docket Info
- Title
- Cheryl D. Reese, Plaintiff and Appellant
v.
Tia D. Reese-Young, Defendant and Appellee - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2017-CV-00105
North Central Judicial District, Mountrail County
Douglas L. Mattson
2020 ND 35938 N.W.2d 405
Oral Argument
11/7/2019
Highlight
The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law.
Under the common law open mines doctrine, the owner of a life estate in minerals is entitled to the royalties and other payments under an oil and gas lease when a well was producing under the lease at the time of the creation of the life estate and the instrument creating the life estate did not exclude application of the doctrine.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/27/2019 | NOTICE OF APPEAL : 06/27/2019 | |
| 2 | 07/03/2019 | Received $125 filing fee | |
| 3 | 07/03/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 07/03/2019 | Notice served on Matthew H. Olson, Scott M. Knudsvig, & Joshua A. Swanson | |
| 5 | 07/24/2019 | APPELLANT BRIEF | View |
| 6 | 07/24/2019 | APPELLANT APPENDIX | |
| 7 | 07/24/2019 | Oral Argument Request by Appellant | |
| 8 | 07/29/2019 | ELEC. RECORD ON APPEAL DATED JULY 29, 2019 (ENTRY NOS. #1 - #99) | |
| 9 | 07/29/2019 | Rec'd Non-Substantive corrections for ATB & C.O.S | |
| 10 | 08/01/2019 | Rec'd 6 copies of ATB and ATA back from Central Duplicating | |
| 11 | 08/27/2019 | APPELLEE BRIEF | View |
| 12 | 08/30/2019 | Rec'd 6 copies of AEB from Central Duplicating | |
| 13 | 09/05/2019 | REPLY BRIEF | View |
| 14 | 09/10/2019 | Rec'd 6 copies of RYB back from Central Duplicating | |
| 15 | 10/18/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 16 | 11/07/2019 | APPEARANCES: Scott M. Knudsvig, Joshua A. Swanson | |
| 17 | 11/07/2019 | ARGUED: Scott M. Knudsvig, Joshua A. Swanson | |
| 18 | 11/07/2019 | ORAL ARGUMENT WEBCAST | |
| 19 | 02/12/2020 | DISPOSITION | |
| 20 | 02/12/2020 | SPLIT OPINION : VandeWalle, Gerald W. | View |
| 21 | 02/12/2020 | SPECIALLY CONCURRING : Crothers, Daniel John | |
| 22 | 02/12/2020 | JOINING IN THE SPECIALLY CONCURRING : Jensen, Jon J. | |
| 23 | 02/12/2020 | COSTS ON APPEAL TAXED IN FAVOR OF THE APPELLANT | |
| 24 | 02/13/2020 | Judgment Sent to Parties | |
| 25 | 02/26/2020 | PETITION FOR REHEARING | |
| 26 | 02/28/2020 | Rec'd 6 copies of PER from CSD | |
| 27 | 03/19/2020 | ACTION BY SUPREME COURT - Denied | |
| 28 | 04/01/2020 | MANDATE |