Stephenson v. Stephenson
2011 ND 57
| N.D. | 2011Background
- Family conveyances in 1950s-60s split mineral and surface interests in a North Dakota tract.
- Alice Carkuff conveyed minerals to daughters Alta Quinn, June McAlmond, Genevieve Balmer, Leila Horne; recorded 1955.
- Alice also conveyed only surface rights to James Carkuff in 1953; recordation 1954.
- 1958 exchanges: surface rights reverted between Alice and James; 1959 quitclaims by daughters back to Alice of mineral interests; 1965 recording of a later reallocation.
- 2008 Carkuffs sued to quiet title; 2009 summary judgment held Balmers own minerals under after-acquired-title doctrine; quitclaim deed deemed not to pass after-acquired title.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 1953 quitclaim deed pass after-acquired title via the word grant? | Carkuffs contend 'grant' in quitclaim passes after-acquired title | Balmers argue deed is quitclaim and does not pass after-acquired title | No; deed construed as quitclaim, word 'grant' does not pass after-acquired title. |
| Does the after-acquired-title doctrine apply to quitclaims in this sequence? | Carkuffs rely on doctrine to pass minerals to James | Doctrine typically does not apply to quitclaims that convey only rights, title, or interest | Not applicable here; quitclaim language and context limit to grantor's present interest only. |
| Do later quitclaims by daughters back to Alice affect pass-through of minerals to James? | Daughters’ 1959 quitclaims restore mineral interests to Alice | Restoration does not create new passage of minerals to James via after-acquired title | No passing of minerals to Carkuffs through after-acquired title from these quitclaims. |
Key Cases Cited
- Bilby v. Wire, 77 N.W.2d 882 (N.D. 1956) (quitclaim generally conveys only grantor's present interest; after-acquired title not pass)
- Kemmerer v. State, 84 N.W. 771 (S.D. 1900) (word 'grant' must purport to convey land in fee; deed must convey property itself)
- North Dakota Workers' Comp. Bd. v. General Inv. Corp., 619 N.W.2d 863 (N.D. 2000) (quitclaim language and context determine property interest conveyed)
- Torgerson v. Rose, 339 N.W.2d 79 (N.D. 1983) (after-acquired-title doctrine defined; title in grantor may pass by law)
- Frandson v. Casey, 73 N.W.2d 436 (N.D. 1955) (deeds interpreted to determine conveyed interest)