Arndt v. Maki, 2012 ND 55 (N.D. Sup. Ct. 2012)

(co-representatives of deceased parents’ estates filed personal representative’s deed to son who farmed with father prior to death and contracted with mother prior to her death to purchase family farm; mother had inherited entire farm when father died intestate and all 10 children renounced interests in farm through waivers of inheritance, so mother could inherit and was free to dispose of as she wished; all children knew farm would be sold to son; neither contract for sale nor any other documents reserved mineral rights for remaining children; son paid off contract for deed and all proceeds paid to heirs; 20 years later co-representatives prepared and filed second personal representative’s deed conveying minerals underlying family farm to heirs of the parents; action to quiet title brought by son; counterclaim made for reformation of the mineral deed and contract for deed; summary judgment requested by son; trial court dismissed counterclaim, quieted title to son, and dismissed son’s claim for attorney fees and costs for slandering title to minerals; on appeal, court affirmed dismissal of reformation for lack of evidence and quieted title; court reversed dismissal of claim for slandering title because of lengthy delay in recording statements of claims coinciding with production of minerals within past five years, which permitted inference of intentional filing to slander title; appellate court remanded for resolution of claim).