Carkuff v. Balmer, 795 N.W.2d 303

Family conveyances in the 1950s–1960s created a dispute over mineral rights between the Carkuffs and the Balmers in Mountrail County.
Alice Carkuff conveyed mineral interests to Alta Quinn, June McAlmond, Genevieve Balmer, and Leila Horne in 1953 and recorded 1955; she also executed a quitclaim to James Carkuff for surface rights recorded 1954.
On June 13, 1958, James Carkuff conveyed surface rights back to Alice, and Alice conveyed surface rights back to James in 1958 (recorded 1958 and 1965).
In 1959, four siblings quitclaimed their mineral interests back to Alice Carkuff; in 1963–1965 Alice re conveyed mineral interests back to the siblings.
In 2008, the Carkuffs sued to quiet title; the district court granted Balmers’ summary judgment, holding the Carkuffs had no mineral interest under after-acquired-title doctrine because the 1953 quitclaim did not convey the property itself.
The North Dakota Supreme Court affirmed, holding the October 20, 1953 quitclaim deed is a quitclaim and did not pass after-acquired title despite the use of the word “grant.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 1953 quitclaim deed’s use of ‘grant’ passes after-acquired title.	Carkuffs contend ‘grant’ transfers fee title and passes after-acquired title.	Balmers contend the instrument is a quitclaim and does not pass after-acquired title.	The deed is a quitclaim and does not pass after-acquired title.
Whether the May 4, 1959 quitclaims to Alice enable after-acquired title to minerals via the 1953 deed.	Carkuffs rely on after-acquired-title doctrine through subsequent conveyances.	Quitclaims do not convey the property itself or pass after-acquired title.	No after-acquired title passage to minerals.

Bilby v. Wire, 77 N.W.2d 882 (N.D. 1956) (quitclaim conveys only grantor's present interest; no implied covenants or after-acquired title pass)
State Bank & Trust of Kenmare v. Brekke, 602 N.W.2d 681 (N.D. 1999) (deed interpretation; focus on grantor intent and four-corners rule)
State v. Kemmerer, 84 N.W. 771 (S.D. 1900) (word ‘grant’ must purport to convey fee simple; not sufficient alone)
Torgerson v. Rose, 339 N.W.2d 79 (N.D. 1983) (after-acquired title doctrine codified in statute; applies to proper conveyances)
Aure v. Mackoff, 93 N.W.2d 807 (N.D. 1958) (statutory after-acquired title inapplicable to quitclaims; analyze deed language)
North Dakota Workers Comp. Bur. v. General Inv. Corp., 619 N.W.2d 863 (N.D. 2000) (quitclaim deed characteristics; present interest conveyed only)