Malloy v. Boettcher

PEDERSON, Justice,

concurring specialty-

I agree that to the extent that Stetson v. Nelson, 118 N.W.2d 685 (N.D.1962), may be interpreted to defeat attempted reservations to a husband and wife in a deed signed by that husband and wife, it ought to be overturned. In my view, a necessary party to a transaction is certainly not a stranger. The interest of a wife in her husband’s property may not readily appear in a title abstract but readily appears in the law of this state as interpreted by the decisions of this court and the title opinions issued by examining lawyers. It is a misnomer to label Dorothy Boettcher a stranger in this case. When a case involving a real stranger comes along, I think this court may very well want to apply Stetson v. Nelson.