Tischmak v. Theurer

Citations

• 2025 ND 235

Syllabus

District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The task of weighing the evidence and judging the credibility of witnesses belongs to the trier of fact, and this Court does not reweigh credibility or resolve conflicts in the evidence.