Desert Partners IV, L.P. v. Benson, 921 N.W.2d 444

In 1984–85 the Benson grandchildren (including John and Ann Kemske) each received an undivided 1/5 mineral interest in 160 acres; a 1985 power of attorney gave Thomas Benson limited authority and was recorded in 2015.
In 1990 Kemske executed a deed conveying her interest to Thomas Benson but that deed was not recorded until 2012.
Kemske executed a deed conveying her minerals to Family Tree on April 15, 2010 (recorded May 12, 2010); Family Tree conveyed 24 net acres to Desert Partners the same day (recorded June 2, 2010).
Thomas Benson previously recorded a 2005 statement of claim asserting mineral interests (executed as power of attorney), and Kemske had leased the minerals in 2009.
John and Brian Benson received a deed from Thomas Benson in May 2010 and recorded/re-recorded it on June 3–4, 2010.
The district court, after a bench trial held over Benson’s objections and in his absence (denying a last-minute continuance), found Family Tree and Desert Partners were good-faith purchasers and awarded them the disputed mineral interests; this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court abused discretion by denying continuance and trying case without John Benson present	Benson: sudden medical emergency prevented attendance; denial denied fair hearing	Plaintiffs: trial date was set after multiple continuances; last-minute email lacked affidavit/medical proof and court had warned no further continuances	Court: No abuse of discretion; email insufficient under N.D.R.Ct. 6.1(b) and prior warning justified proceeding
Whether Family Tree/Desert Partners were good-faith purchasers despite 2005 statement of claim	Plaintiffs: they inspected title in April 2010, found no recorded deed from Kemske to Thomas Benson, and reasonably relied on records and seller representations	Benson: statement of claim in 2005 provided constructive notice and imposed duty of further inquiry; Family Tree failed adequate inquiry	Court: Held purchasers acted in good faith; findings that title search and other inquiry were reasonable were not clearly erroneous

Carroll v. Carroll, 2017 ND 73, 892 N.W.2d 173 (upholding district court discretion in denying continuance)
Wilson v. Wilson, 2014 ND 199, 855 N.W.2d 105 (trial management and evidentiary discretion)
Rickert v. Dakota Sanitation Plus, Inc., 2012 ND 37, 812 N.W.2d 413 (continuance/abuse of discretion standard)
Tornabeni v. Creech, 2018 ND 204, 916 N.W.2d 772 (abuse of discretion and clearly erroneous standards)
Desert Partners IV, L.P. v. Benson, 2016 ND 37, 875 N.W.2d 510 (prior appeal: statement of claim imposes duty of further inquiry)
Sundance Oil & Gas, LLC v. Hess Corp., 2017 ND 269, 903 N.W.2d 712 (good-faith purchaser standard and notice)
Swanson v. Swanson, 2011 ND 74, 796 N.W.2d 614 (distinguishing factual findings from legal conclusions on good-faith purchaser status)
Workforce Safety & Ins. v. Beaulieu, 2018 ND 213, 917 N.W.2d 211 (questions of law fully reviewable)