· 6/6/2024

Roth, et al. v. Meyer, et al.

Citations

  • 2024 ND 113

Syllabus

A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years. Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible. The court must find when conversion began to determine what property, if any, has been converted. When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists. The material terms of loans in aggregate greater than $25,000 must be in writing.

Judges: Crothers, Daniel John

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