Wenzel Estate v. Wenzel

11:00am Friday, February 22, 2008
20070264 Bruce J. Wenzel Estate, Plaintiff and Appellee
v.
Curtis Wenzel, Defendant and Appellant
Appeal from: Northeast Judicial District, Cavalier County, Judge Laurie A. Fontaine
Nature of Action: Real Property
Counsel:

Appellant: Fleming, DuBois & Fleming, PLLP
Appellee: Schurman Law Firm

Issues: Appellant's Statement of the Issues:
I. The trial court erred in ordering a sale on the partition of farm machinery without finding that partition in kind could not be made without great prejudice to the owners.
II. The trial court erred in concluding as a matter of law on partition of the farm machinery that Curtis Wenzel to pay to the Bruce J. Wenzel Estate one-half of the value of the machinery owned by Curtis Wenzel and Bruce Wenzel, in the amount of $74,300.
III. The court erred in not allowing an offset to Curtis Wenzel for one-half of the bill submitted for manure cleaning and by not allowing any credit to Curtis Wenzel for repairs made in 2006 to the John Deere 8820 combine.
IV. The court erred in dividing the grain storage between Curtis Wenzel and Bruce J. Wenzel Estate when it awarded grain storage to Curtis Wenzel, which had a lesser value because of damage caused by Bruce Wenzel.
Appellee's Statement of the Issues:
Does the trial court have the authority to issue an equitable judgment in this matter when considering the numerous issues and facts involved not conducive to being resolved by the strict interpretation of the statutory laws of North Dakota?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief

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Generated from Supreme Court Docket on 02/29/2008