Fettig v. Fettig, et al.
Annotate this CaseAnton Jacob Fettig appealed two district court judgments quieting title to real property in McKenzie County, North Dakota. Anton owned three parcels of real property. In 2001, Anton L. Fetting (Anton) executed a warranty deed conveying sections 5, 17, and 22 to his two minor children, A.J.F. and S.F.F. Anton recorded the deed the same day. At the time of the conveyance, A.J.F. and S.F.F. were approximately three and five years of age. In 2004, Anton received an email from an attorney with the United States Department of Agriculture, stating that the Department considered the 2001 deed void, and that Anton still owned the land. As a result of this email, and in an attempt to clear title to the land, Anton executed a warranty deed in 2004, conveying the land back to himself. The deed named Anton as both the grantor and grantee. The deed was recorded the same day. The next year, Anton executed quitclaim deeds conveying parcels 5, 17 and 22 to his sons Charles, Howard and Morgen, respectively. These deeds were recorded in 2006. In January 2016, Charles Fettig filed suit seeking to quiet title to section 5. Because the district court ruled for Charles, Howard and Morgen filed separate suits seeking to quiet title to the sections previously conveyed to them. The district court concluded that the 2001 deed conveying the land to A.J.F. and S.F.F. was void under N.D.C.C. sections 9-02-02 and 14-10-10, that Howard was the true and correct owner of section 17, and that Morgen was the true and correct owner of section 22. A.J.F. timely appealed the district court’s orders. The North Dakota Supreme Court concluded the district court erred in determining that the deed conveying the property was void, but that the issue was barred by collateral estoppel. Therefore, judgment was affirmed.
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