Stuber v. Engel

A person dealing with a personal representative does not receive the protections of N.D.C.C. 30.1-18-14 unless the person obtains the personal representative's letters of appointment or any other court order giving the personal representative authority to act in this state. Dudley Stuber, trustee of the D.J. Stuber Land and Royalty Trust, and Rocky Svihl, trustee of the RGKH Mineral & Royalty Trust (collectively "Plaintiffs") appealed a judgment deciding ownership of certain mineral interests in favor of the estates of Victoria Davis and Helen Jaumotte. Plaintiffs moved for summary judgment, arguing there were no genuine issues of material fact and they were entitled to judgment as a matter of law. They claimed Jay Jaumotte, as personal representative of the estates, was authorized to sell property in North Dakota as a foreign personal representative, and Northland Royalty Corp. (to whom Jay Jaumotte first conveyed the interests) was a good-faith purchaser and was entitled to statutory protections under N.D.C.C. 30.1-18-14, and the statute of limitations had expired, precluding the heirs' claims. The heirs also moved for summary judgment. The heirs argued the deeds transferring the minerals to Northland were void because Jay Jaumotte lacked any authority to act on behalf of the Davis or Helen Jaumotte estates when dealing with North Dakota property, the Plaintiffs were not good-faith purchasers, and there were genuine issues of material fact about whether Northland was a good-faith purchaser. EOG Resources intervened and responded to the motions, arguing the Plaintiffs had no interest in the mineral estate, the Plaintiffs' predecessor-in-interest had notice of the heirs' potential interests in the property and failed to investigate, and the Plaintiffs and Northland were not good-faith purchasers. The North Dakota Supreme Court affirmed the district court's decision quieting title, but reversed its decision awarding damages to the Victoria Davis and Helen Jaumotte heirs. View "Stuber v. Engel" on Justia Law