Schmidt v. Wittinger

687 N.W.2d 479 (2004)

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Schmidt v. Wittinger

North Dakota Supreme Court
687 N.W.2d 479 (2004)

SC

Facts

Donald Wittinger (plaintiff), Kenneth Wittinger (plaintiff), and Alfred Wittinger (defendant) owned undivided equal interests in a farm. Kevin Schmidt (plaintiff) leased the farm from the Wittinger brothers. A river ran through the farm, effectively severing portions of the farm from access to the closest road. Further, portions of the farm did not have access to running water. Donald, Kenneth, and Schmidt filed a petition seeking a partition sale of the farm. Donald and Kenneth also sued Alfred, seeking damages for Alfred’s failure to pay certain expenses associated with the farm, including taxes. The trial court ordered a partition sale of the farm and awarded Donald and Kenneth compensatory damages for Alfred’s failure to pay certain expenses associated with the farm. Alfred appealed, arguing that the court should have ordered partition in kind rather than a partition sale.

Rule of Law

Issue

Holding and Reasoning (Sandstrom, J.)

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