Locken v. Locken

Summary

The North Dakota Supreme Court affirmed summary judgment dismissing David Locken’s claim to an ownership interest in Dickey County land. The court held that the claim was barred by the statute of limitations applicable to contracts for the sale or conveyance of real estate and therefore did not qualify for the relevant exception to North Dakota’s Marketable Record Title Act. The court concluded that the due date of the last payment was tied to satisfaction of the contract for deed, despite the contract’s scheduled payment date.

Holdings

1. For a contract for deed, the phrase "due date of the last payment on the indebtedness or part thereof, secured thereby" means the record date on which the contract for deed was satisfied, rather than the contractually scheduled date of the final payment.
2. David Locken's claim was barred by the statute of limitations and therefore did not qualify for the contract-for-deed exception to the Marketable Record Title Act.
3. Summary judgment dismissing David Locken's action was proper.

Questions Presented

1. Whether David Locken's claim was barred by the ten-year statute of limitations applicable to an action on a contract for deed under N.D.C.C. § 28-01-42.
2. Whether the statutory exception in N.D.C.C. § 47-19.1-11(1)(c) prevented application of the Marketable Record Title Act because the claim was founded on a contract for the sale of land.
3. Whether the phrase "due date of the last payment on the indebtedness" in N.D.C.C. § 28-01-42 refers to the contractually scheduled payment date or the record date on which the contract for deed was satisfied.

Disposition

affirmed