The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20


the time to redeem from such foreclosure has
expired and upon the filing In the Office Of the
rens the enterng an Of suh @ tee
ia gee 6a. In all cases wherein by this act 1t
Is. provided that new certificate OF title to
the court person applying for such new
certincate shall apply to the court by petition,
setting forth the facts and the court shall.
after notice given to all parties in interest,
as the court may direct, and upon hearing,
make an order or decree for the entry Of a
new certificate to such person as shall appear
to be entitled thereto.
Sec. 60. Leases for registered land for a term
or three years Or more shall be registered in
like manner as a mortgage, and the provisions
herein relating to the registration Of more
cages shall apply to the registration Of leases.
The; The registrar shall at the request Of the
OF the certificate Of title like the owners du-
Dllcate, except the words 'Lessees duplicate
s shall be written or printed upon it in large
letters dlaSonally across its face.
Sec. "a. Whenever deed or other instru-
ment Is filed in the Office Of the registrar Of
titles for the purpose of effecting transfer
estate Interest in the same, and it shall
app tx,,st that the transdsr or charge is to be
pressed in such deed or instrument, such deed
or instrument shall be registered in the usual
manner, except that the Particulars of the
trust. condition, Limitation Of other equitable
interest Shall not be entered the certificate
Of title by memorial, but memorandum or
memorial shall be entered by the words lin
trust or upon condition." or other apt words,
and by reference by number to the instrument
authorizing or creating the same A similar
memorial shall be made upon the owners dd-
plicate certificate.
No transfer otror charge upon or dealing with
tho lana estate or interest shall thereafter be
registered, except upon an order Of the court
first filed In the office Of the registrar of titlea
s directing such transfer: charge or dealing In
Of the trust condition or limitation. Such reg
istration shall be conclusive evidence in favor
of the person taking such transfer charge or
m
such transfer, charge or other dealing Is in
Of the trust. condition or limitation.
SEQ. @. When the title to registered land
passes from trustee to new trustee a new
certificate shall be entered to him and shall
be Registered in like manner upon an
original conveyance in trust.
Sec 60. Any trustee shall have authority to
file an application for the registration Of any
land hold in trust by him, unless expressly
prohibited by the instrument creating the trust.
any description. or a copy Of any writ, order
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
a1ect registered land, in lieu Of recording,
shall be fled and registered in the office of
the registrar OF titles In the county in which
tn Land lies, and. in addition to any particu-
tho amber Of the SV certtacate Of tile Of the ne
land to be affected. and also. If the attach
ment, Eight or liea Is not claimed on all the
land in any certificate Of title, description
land intended to be affected
Sec. SO. All attachments, liens and rights
OF every description shall be enforced, con-
unued, reduced, discharged and dissolved by
eeny proceeding or method sufficient and proper
Or dissolve like liens on unregistered land. All
certificates writings or other Instruments per-
aorded TO- ys by 70 tSs to BE- a Or
tinuance. reduction discharge or dissolution of
attachment. liens pr other rights upon regis
tered land, or to give notice Of such enforce
ment. continuance, reduction, discharge dis
solution shall In the case Of like attachments,
Liens or other rights upon registered land. be
in the register Of titles. in lieu of filing or re-
cording.
Sec: &c.. 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 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 plai1 p attorney shall be fled for reg
any court shall BE- a lien upon or affecting
registered land OF any estate or interest there,
In only when certificate under the hand and
official seal Of the clerk Of the court In which
the Same is OF record stating the date and pur-
Fort OF the judgment, decree order, or a
memorial Of the same Is enter ed upon the
toSHSISH" VI LAO @oSI Va l2lAo "
be affected. ,Hci, .. ~ t..1s.>.~:
, Sec. 4; Any person who has acquired any
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
registrar OF titles all writings or tnstrum ents
permitted or required to be recorded in the
case Of unregistered land.
If the interest or estate 80 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
vided in the case Of persons acquiring title
by action Or proceeding in foreclosure Of mort
cages.
Sec. II. The certificate Of the clerk Of the
court in which any action or proceeding shall
have been pending or ally Judgment or de-
cree Is Of record, that such action proceed
Of, or the judgment decree or order has been
satisfied. released, reversed overrule6, or
any execution. attachment or other process,
certified by him. has been released. discharged
CT otherwise disposed Of BE being filed in the
the register, shall be sufficient to authorize
the registrar to cancel or otherwise treat the
memorial Of such action, proceeding, Judgment.
OF such certificate.
Sec. 70, Whenever registered land In sold
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
expired At any time after the time to re-
deem shall have expired the purchaser may
petition the court for an order directing the
entering Of a certificate Of title to him,
and ths court shall. after such notice as II
may order, and hearing grant and make an
order directing the entry Of such new certificate
Of title.
Sec. a. The heirs at law and dev1sees 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 a decree of the probate court
granting letters documentary or Of admins
tlN, ", Hf frNYr tN0f1
decree, at any time after the entry Of final
decree, may file certified copy OF the Anal
decree Of the probate court and Of the will.
the county in which the land Is, and 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 or admins
traitor and all other persons in interest. and
may also give notice by publication in such
proper, to all whom 1t may concern. and after
hearing may direct the entry of new GER
as or appear ened thereto as heirs
devsees. Any new certificate so entered before
the final settlement of the estate of the de-
expressly that it is entered Dy transfer from
the last certificate by descent or devise. and
H the 9 the sis aa The
the probate court Or after the @ Of e
against an executor administrator by cred
visees may petition the court for an order
to cancel upol1 tileAi SeA
stating that the estate Is in course Of settle
ment. and the court, after such notice as 1t
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 Is 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 which such Or
Ger may be granted in the case Of unregistered
land. The purchaser or mortgage taking q
deed or mortgage executed In pursuance OF
such order Of the probate court shall be en-.
titled to register his title and to the entry OF
a certificate Of title or memorial OF regis
liar voluntary transfer OF registered land.
Sec. 70. An assignee for the benefit Of
creditors, receiver trustee in bankruptcy, mas
ter in chancery. special commissioner or other
person appointed by court shall file In the