Schmidt v. Wittinger

687 N.W.2d 479 (2004)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms