The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19


tered lana; provided, however, no such new
certificate of title shall be entered, except after
the time to redeem from such foreclosure has
expired and upon the filing in the office OF the
registrar of titles order of the court di-
recting the entering of such new certificates.
Sec 62. In all cases wherein by this act it
is provided that new certificate or title to
registered land shall be entered by order of
the court a person applying for such new
certificate shall apply to the court by petition.
setting forth the facts, and the court shall,
after notice given to all parties in interest,
the court may direct, and upon hearing,
make an order decree for the entry of a
new certificate to such person as shall appear
to be entitled thereto.
Sec. 6S. Leases tor registered land for a term
CT three years or more shall be registered in
like manner as mortgage, and the provisions
herein relating to the registration of more
cages shall apply to the registration of leases.
The registrar shall, at the request of the
lessee, make out and deliver to him duplicate
OF the certificate Of title like the owners du-
plicate, except the words 'Lessee's duplicate"
shall be written printed upon 1t in large
letters diagonally across its face.
Sec. 64. Whenever deed other instru-
ment Is filed in the office of the registrar OF
titles for the purpose of effectlng transfer
cf or charge upon the registered land amy
estate interest in the same and it shall
appear that the transfer or charge is to be
in trust or upon condition or limitation ex-
pressed in such deed instrument, such deed
or instrument shall be registered in the usual
manner, except that the particulars of the
trust, condition, limitation other equitable
interest shall not be entered ON the certificate
OF title by memorial but memorandum or
memorial shall be entered by the words in
trust or upon condition., or other apt words,
and by reference by number to the instrument
authorizing or creating the same. similar
memorial shall be made upon the owners du-
plicate certificate.
No transfer of or charge upon or dealing with
the land, estate or interest shall thereafter be
registered, except upon order of the court
first filed in the office of the registrar of titles
directing such transfer, charge or dealing in
accordance with the true intent and meaning
of the trust. condition Limitation. Such reg
istratIon shall be conclusive evidence in favor
of the person taking such transfer, charge or
right, and thoss claiming under him. in good
faith and for a valuable consideration, that
such transfer, charge or other dealing Is in
accordance with the true intent and meaning
Of the trust, condition or limitation
Sec. 65. When the title to registered land
passes from trustee to a new trustee a new
certificate shall be entered to him and shall
be registered in like manner as upon an
original conveyance in trust.
Sec. 60. Any trustee shall have authority to
file an application for the registration of any
land held in trust by him, unless expressly
prohibited by the instrument creating the trust.
Sec. 81. In every case where writing of
or decree is required by law to be filed or
recorded in order to create or preserve any
land, such writing or copy when intended to
affect registered land, in lieu Of recording,
shall be filed and registered in the office of
the registrar of titles in the county in which
the land lies, and, in addition to any particu-
lars required in such papers for the filing or
recording, shall also contain reference to
the number Of the certificate of title of the
land to be affected, and also, IL the attach
ment, right or lea Is not claimed all the
land in any certificate of title, a description
sufficiently accurate for Identification of the
land intended TO be affected
Sec. 6S. All attachments, liens and rights
of every description shall be enforced, con-
tnued, reduced, discharged and dissolved by
any proceeding or method sufficient and proper
in law to enforce continue, reduce, discharge
or dissolve like liens unregistered land. All
certificates, writings or other Instruments per-
mitted or required by law to be filled or re-
tinuance. reduction. discharge dissolution of
attachment, liens or other rights upon regis
tered land, or to give notice Of such enforce
ment, continuance, reduction discharge dis
solution, shall in the of like attachments,
liens or other rights upon registered land, be
filed with the registrar Of titles and registered
cording
Sec. So The name and address of the attor-
ney for the plaintiff in every action affecting
the title to register shall in all cases be in
dorsed upon the writ or other writing filed
in the office Of the registrar Of titles, and he
shall be deemed the attorney Of the plaintiff
until written notice that he has ceased to be
such plaintiffs attorney shall be filed for reg
lstration by the plaintiff.
Sec. 70. judgment, decree or order Of
any court shall be a lien upon or affecting
registered land or any estate or interest there
official seal of the clerk of the court In which
the same is of record, stating the date and pur-
certified copy of such judgment, decree or
order is filed In the office OF the registrar and
register of the last certificate of the title to
be affected.
Sec. II. Any person who has acquired any
right, title, interest or estate in registered
land. by virtue of amy execution. Judgment,
order or decree of the court, shall register his
title SO acquired by filing in the office of the
permitted or required to be recorded in the
case Of unregistered land.
If the interest estate acquired Is the
fee in registered land or any part thereof,
the person acquiring such interest shall be
entitled to have a new certificate of title reg
istered In him In the same manner as is pro-
Vtded in the case Of persons acquiring title
by action or proceeding in foreclosure Of mort
cages.
Sec. r. The certificate Of the clerk of the
court in which any action or proceeding shall
have been pending, or any judgment or de-
ing has been dismissed otherwise disposed
of, or the Judgment decree or order has been
satisfied, released, reversed or overruled, or
Of any sheriff or other officer that the levy Of
any execution, attachment or other process,
certified by him, has been released, discharged
otherwise disposed of. being filed in the
office of the registrar Of titles and noted upon
the register, shall be sufficient to authorize
the registrar to cancel or otherwise treat the
memorial Of such action, proceeding judgment,
decree, order or levy, according to the purport
of such certificate.
Sec. 49, Whenever registered land is sold
and the same is by law subject to redemption
by the owner or any other person the pur-
chaser shall not be entitled to have a new
certificate of title entered until the time within
which the land may be redeemed shall have
expired At any time after the time to re
deem shall have expired the purchaser may
petition the court for order directing the
entering of certificate of title to him.
and thu court SHALL after such notice II
may order, and hearing, grant and make am
order directing the entry Of such new certificate
Of title.
Sec "A. The heirs at law and devisees upon
the death Of an owner of lands, and any es-
tate or interest therein, registered pursuant to
this act, on the expiration of thirty days after
the entry Of decree Of the probate court
tration, or in case Of an appeal from such
| decree, at any time after the entry Of a final
Decree may file a certified copy of the final
decree Of the probate court and of the will.
If any, with the clerk Of the district court in
the county in which the land is, ard make
application to the court for an order for the
entry of a new certificate Of title. The court
shall issue notice to the executor admins
traitor and all other persons in interest, and
may also give notice by publication in such
newspaper or newspapers 1t may deem
proper, to all whom it may concern, and after
hearing may direct the entry Of a GER
tifcate or certificates to the person or per-
sons appear entitled thereto as heirs or
devisees. Any new certificate so entered before
the final settlement of the estate of the de-
ceased owner in the probate court shall state
expressly that it is entered by transfer from
that the estate is In process Of settlement
After the final settlement of the estate in
the probate court or after the expiration of the
| time allowed by law for bringing action
| against executor or administrator by cred
| itors of the deceased the heirs at law or de-
| to cancel the memorial upon their certificates
stating that the estate is in course Of settle
ment, and the court, after such notice as il
may order and hearing, may grant the petition
provided, however, that the liability of heirs,
| devisees of registered land for claims against
the estate of the deceased shall not in any way
be diminished changed.
Sec. TO- Nothing contained in this act shall
include affect or impair the jurisdiction of the
probate court, to order executor or admin
istrator or guardian to sell or mortgage regis
tered land for any purpose for wnich sucn or.
land The purchaser mortgage taking q
deed or mortgage executed in pursuance Oh
order Of he DrCbate shall be