Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1901-04-19

cation: The. election shall be made in writing
and a. fled ed with the h CLERK Of the court. u,n.
the applicant has a title, as alleged, ane
a pros,eg an fa adv ;eesls dnatton g or ;nd # ~ the applicant sSaal,
imnaediately upon the fling Of the examiner
oplnlons Or the applicants election, as the
case, may be. Issue q sumnon substantially
IN me form hereinafter provided for. The
COUNT ana sna1l ss h issued e BY the order OF OF the
sec. ~. The applicant shall be known as
applicant plaintiff. All persons named in the
or oIns as having AVN, OF record any lien, incumbrance.
other persons who shall be designated as fol-
lows. VIZ: All other persons or parties I'm
o or INTEREST clatHI IN t any rig right, title, estate, lien en-
the application herein" shall Be and shah be
known as defendants.
sec 20. The summons shall be directed to
! the defendants and require them to appear and
answer the application OF the applicant, plain
TN WI twenty days after the service OF
and said summons shall be served as is now
pr9 t,n H. Tor the service Of summons in civil
cept as herein otherwise provided. Tha sum
Mons shall be served upon nonresident do
or parties" defendant, by PUBLISHING said SIM
nous IN q newspaper printed and published In
me county where the application is filed df
there IS no such newspaper in the county. then
d newspaper printed and published in an ad-
joining county, and If there is no such news.
paper in an adjoining county, then a news-
paper, printed and published at the capital or
inc state), once in each week for three con-
s Ecu weeks, and. such service by publication
snal De deemed complete at the end of the
aWenty.lrst day from and including the first
within twenty days after the first publication
send a copy thereof by mail to such defendants
W %n ea are not residents Of the state, whose place
" auuress Is known or stated in the application
ana whose appearance is rot entered and who
are not IN person served with the summons,
In me certificate Of the clerk that he has sent
1uen nouce, IL. pursuance Of this section, shall
Pc conclusive evidence thereof. Othe. or fur
Az IotNce OF the application for registration
ntay ne given in such manner and to such
direct. ~ ally Judge tnereot may
the expense OF the applicant, and proof Of the
service thereof shall be made as proof of sery-
Ice is made in civil actions.
Sec. 20. c. The summons rsroviaea -or IN
to-w.t: N N1Ao ae'
Summons on application for registration Of
: land, ~
! State Of Minnesota. ~
: District Court.
Name Of appiicant), applicant to have rer,a-
| teleo the iand described as follows: descrip-
! tlon OF land). ............ plaintiff.
, thames Of ali defendantsj, and all other per
sons sons or parties unknown, claiming any right.
estate. described in the application herein,
Ihs stats Of Minnesota to the a sbe1s1naaed
You are hereby summoned and required to
answer the application Of the applicant plain
LII IN the above entitled application for. regis
tration and to file a copy of your answer to
the said application in the office Of the clerk
after the services Of this summons upon you,
exclusive Of the day Of such service; and if
you fall to answer the said application within
the time aforesaid, the applicant plaintiff in
this action will apply to the court for the
relief demanded in the application herein.
any Mlt me seal tbsrsof A. clerk OF said ~ court sn +
county. this ............ day OF ..............
'tssal1' ....... Clerk.
Sec. Il. The court shall appoint a disinter-
ested person to act as guardian ad Item for
! for all persons not in being who may appear
to have an interest In the land. The com.
! pensation Of the guardian shall be determined
by the court. and paid as part Of the expense
! Sec. %. Any person claiming an interest,
| whether named In the summons, or not, may
| appear and file an answer within the time
! named in the summons, or within such further
time as may be allowed by the.court. The
| cation. and shall set forth the interest claimed
by the party filing the same, and shall be
;, signed and sworn to by him or by some person
SEQ. %. II no person appears and answers
! within the time named In the summons. or
u1omt the ny motion ahe c Of tie 'a applicant IHanr A no. reason ca onto to
Of the applicants right thereto, make its Or
/ plicant and ordering registration Of the same.
| BY the. description In the summons, "ah other
psrsDe,s l l1ank oe, ]iIiter eialn IN fne any ZEAL r'e sstate ''e az.
} scribed In the application herein" all the
| world are made, parties defendant, and shall
The court shall not be bound by the report
Of the examiners Of Of title. but may require 9TH
Sec. "a. il In any case an appearance is
entered and answer, filed, the cause shall bs
set nsrtS DOWN g,t for 1aa asnTtng ana on or 5set'e Shall o. nr sath Be-
I entered against all persons who do not ap-
pear and answer in the manner provided IN the
Cause or any part thereof to one Of the ex-
aminers Of title. as referee, to fear the parties
and their evidence, and make report thereon to
weight as. that of q referee appointed by the
district court under the laws Of this state stat
now In force and relating to the appointment
duties and powers Of referees.
Sec. Is. The court may order such other o.
further hearing Of the cause before the court ~
Of the report Of the examiner. referred to in
d the last st , prfssdin pfao ssc bT e,th aga Of fea fhe pas saes
to the cause as to the court shall seem meet
and proper.
court finds that the applicant has not title
proper for registration a decree shall be en-
tered Diminishing the application. and such de-
cree may be ordered to be without prejudice.
The applicant may dismiss his application al
any time before the final decree. upon sucl
terms as shall be fixed by the court. upon
motion to dismiss duly made to the court.
Sec. II. II the court. after hearing, finds
that the applicant has title. whethet as stated
tration, a decree OF confirmation Of title and
registration shall be entered. Every decree OF
registration shall bind the land, and quiet the
title thereto. except as herein otherwise pro-
vided, and shall be forever binding and con-
elusive upon all persons, whether mentioned
by name in the application or included In "all
/ other persons or parties UNKNOWN Claiming any
right, title, estate, lien or interest In the real
estate described in the application herein
such decree shall not be opened by reason OF
', person affected thereby, nor by any proceeding
or DEGREES, except az herein especially pro-
| vided. An appeal may be taken to the SUI
pre1me court within the same time, upon like
| vided for the taking Of appeals in the dis
, trict court to the supreme court In civil actions.
| Sec. 26. Any person having an interest or
lien upon the land who has not been actually
served with process or notified Of the filing OF
the application or the tendency thereof, may
Of such decree. and not afterwards, appear and
ale his sworn answer to such application in
like manner as hereinbefore prescribed for
making answer; provided, however, that such
person had no notice or information Of the
filing OF such application or the tendency OF
the proceeding. during the tendency thereof or
until within three months of the time Of the
filing of such answer, which facts shall be
made to appear before answering 1y t aesa am.
of some one in his behalf having knowledge
Of the facts. and provided, also, that no In
nocent purchaser for value has acquired an
interest. If there is eny such purchaser the
| decree Of registration shall not be opened, but
shall remain in full force and effect forever,
subject only to the right Of appeal hereinbe-
fore provided. but any person aggrieved by
such decree in any case may pursue his rem
! edy by action Of tort against the applicant
or any other person for fraud in procuring
the decree. Upon the filing of such answer,
and not less than ten days notice having Been
given to the applicant. and to such other in
! terested parties as the court may order in
the court shall proceed to review the case, and
If the court is satisfied that the order or de-
cree ought to be opened an order shall be
entered to that effect. and the court shall pro