North Dakota Supreme Court

Roth v. Meyer

July 3, 20242024 ND 113

Summary

The court reversed the district court’s judgments and remanded for findings determining the true owner of the real property, the timing and scope of any cattle conversion, and the proper damages. It held that adverse possession required continuous adverse possession for the statutory period, that summaries based on unauthenticated and inadmissible source documents could not support damages, that conversion limitations ran from the date of conversion, and that the aggregate oral loans were unenforceable under the statute of frauds. The court also held that any conversion damages had to reflect the injured party’s actual loss and the statutory valuation alternatives.