Malloy v. Boettcher

VANDE WALLE, Justice,

concurring specially.

I concur in the result reached in the opinion authored by the Chief Justice. I agree with the concurring opinions of Justice *11Sand and Justice Pederson that a wife is not a stranger to the title. However, I reserve any comments as to whether or not we should overrule the Court’s decision in Stetson v. Nelson, 118 N.W.2d 685 (N.D.1962), until a case is presented to us on appeal in which the issue of a reservation to a true stranger to the title is raised and briefed. The issue presented to us in the instant case was merely whether or not a wife is a stranger to the title. The parties neither raised nor briefed the larger issue of completely abrogating the holding in Stetson v. Nelson, supra.

PAULSON, J., concurs.