Ward v. Herbel

Syllabus

The plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. If a person is not claiming an interest in the property and there are no competing adverse claims to adjudicate, there is no basis or statutory standing to sue under chapter 32-17. This Court adopts the majority rule permitting an attorney representing himself to recover an award of attorney's fees for time and effort spent defending against a frivolous lawsuit.