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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Real Property : Quiet Title – Interest In Wells – North Dakota Law

Real Property : Quiet Title – Interest In Wells – North Dakota Law

Where parties disputed what type of interest was transferred in two wells by a purchase agreement and assignment, from the face of the agreement it was unclear whether the interest was a wellbore interest or whether an interest in the underlying leaseholds was created, so the district court did not err in finding that under North Dakota law the agreements were ambiguous, and adequate evidence supported the conclusion that the interest was a wellbore-only assignment, so the judgment is affirmed and the plaintiff’s trespass and conversion claims also failed.

Judgment is affirmed.

Armstrong v. Berco Resources (MLW No. 66411/Case No. 12-3062 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of North Dakota, Hovland, J. (Michael J. Maus, Dickinson, North Dakota, argued for appellant) (Amy L. De Kok, Bismarck, North Dakota, argued for appellee; Lawrence Bender and Jillian Rupnow appeared on the brief).

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