The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19
; The election shall be made in writing

cation; The election shall be made in writing
ana hled with the clerk Of the court,
the applicant h has ttie az 90 ' i,eea
p9 Teper for registration or, if the applicant.
10 proceed further. the clerk Of the court SHALL
immediately upon the fling OF the examiner s
opinion OF the applicants election, as the
Sass may be- issue a summons substantially
IN the form hereinafter provided for. The
summons shall be issued by the order of the
court and attested by the clerk of the court.
Sec. IS. The applicant shall be known as
applicant plaintiff All persons named in the
application or found by the report OF the ex-
amineIs, as being in possession of the premises
" Us having or record any lien, ineuInbrance
right, title or interest In the land and ali
EtHef persons Who shall be designated as fol-
lows VIZ: All other persons or parties I'M
hloWn claiming any right. title, estate, lien
the application herein shall be and shall be
known as defendants jt ~
sec, 70 The summons shall be directed to
the defendants and require them to appear and
ales Wef The application OF the applicant plain
III a s Mltinn twenty days after the service Of
IVA &c summons exclusive of the DAY of Service
ana SAID summons shall be served as is now
1atrlIlsu LOT the service OF summons In civil
oet u IN the district court in this state ex-
/ cept as herein otherwise provided The sum
fois shail be served upon nonresident de-
PENDANTS and upon "all such unkncwn persons
of parties defendant by publishing said SIM
nous IN a newspaper printed and published in
thero e1 ~ Where the application is filed Qf
a. - - no such newspaper in the county, then
q a. newspaper printed and published in an adj
Joinng county, and IL there Is no such news
e.
Paper printed and published at the capital Of
me state), once in each week for three con-
shall he weeks and such service by publication
s 1,+ari ne deemed complete at the end of the
tWtenty-trst day from and including the hrst
publication '+is Nf8'
see 70 A. The clerk of court shall also
s %ien oWenty days after the first publication
80 d copy thereof by mail to such defendants
Of ad dr. n9c residents of the state. whose place
aS Is known or stated in the application
anu whose appearance is not entered and WIN
The csrt "a person served with the summons
! 80 ceIttlncate OF the clerk that he has sem
Such notice, il pursuance of this seotlon shall
| t re conclusive evidence thereof Other or fur
nav be- sv OF the application for registration
I1eHS 20 siven In such manner and to such
Siret as the court or any judge thereof NAV
Sec. 20. b The summons shall bo ..-,,o, :.
| ene expense OF the applicant and proof az +bt
service thereof shall be made as pfo5f of SER rru
ice IS made In civil actions. '
sec. ~" q. The summons provided for r.
teIt twenty shall be in the form Following
Summons on application for registration ~
State OF Minnesota,
County OF .......m Seiicl court
Name of applicant, applicant to hay. ragis-
t tfo the !and described follows: descrip
! ve lion OF Iand0 .......,... plaintiff,
(Names Of al dafendantsj. and ali other per
sons sons or parties unknown, claiming any right,
tltie, estate, lien or interest in the Zeal
estate described in the application herein,
defendants: NA- "'os = AAAei
You are hereby summoned and reouired To
answer the application of the applicant PLAIN
LII IN the above entitled application for regis
ration ana to file copy of your answer to
tLe sthld applcatfon in the Office of the clerk
OF said court in said county, within ten DAYS
] AFTER the service of this summons upon you,
Tnulu eo OF the day of such service; and if
! you ran TO answer the said application within
the time aforesaid, the applicant plaintiff in
rd1s aetlon VIII apply to the court for the
| renee demanded In the application herein.
and the seal thereof at ....,......, in said
A. D, 49,. 49, - -
| (Seal) ........ Clerk
Sec. q. The court shall appoint a disinter-
ested person to act as guardian ad ltem for
| minors and other persons under disability and
! for all persons not in being who may appear
| to haye an interest in the land. The COM
pensation of the guardian shall be determined
oy the court, and paid as part of the expense
! If the court.
Sec p. 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 may be allowed by the court The
answer shall state all objections to the appli-
cation and shall set forth the interest claimed
ny the party filing the came. and shall be
I in his behalf.
Sec. %. If no person appears and answers
within the time named in the summons, or
allowed by the court, the court may at once,
upon the motion Of the applicant, no reason to
the contrary appearing upon satisfactory proof
Of the applicants right thereto, make its or
der and decree confirming the title Of the: ap-
plfcant and ordering registration Of the same.
By the description in the summons, a'sll other
persons nm known, claiming any right, title,
estate, lien or interest IN the real estate de-
/ world are made parties defendant and shall
be included by the default and order.
The court shall not be bound by the report
OF the examiners Of title. but may require 9TH
entered and answer filed, the cause shall be
set down for hearing on molten Of either
party, but default and order shall first be
entered against all persons who do not ap-
pear and answer in the manner provided in the
preceding section. The court may refer the
cause or any part thereof to Of the ex-
am1ners of title, as referee, to hear the parties
and their evidence, and make report thereon &c
the court. His report shall have the same
weight as that of a referee appointed by thu
district court under the laws of this state
now in force and relating to the appointment
| duties and powers Of referees.
Sec. %. The court may order such other Oh
further hearing of the cause before the court
of the report of the examiner referred to in
the last preceding section, and require such
other or further proof by either Of the parties
70 the, cause as to the court Shall seem meet
and proper. g. -...e
Sec. 26 If in any case after hearing, the
court finds that the applicant has not title
proper for registration decree shall be en-
tered disnlissing the application. and such de-
cree may be ordered. to be without prejudice.
The applicant may dismiss his application at
any time before the final decree, upon such
terms shall be fixed by the court upon
motion to dismiss duly made to the court
see: n II the court. after hearing. finds
that the applicant has title, whether as stated
in his application or otherwise, proper for regis
tration, decree of confirmation of title and
registration shall be entered. Every decree OF
registration shall bind the land, and quiet the
tItIe thereto, except as herein otherwise pro-
yided, and shall be forever binding and con-
elusive upon all persons, whether mentioned
by name in the application or included in AL
other persons or parties unknown claiming any
right, title. estate, lien or interest in the rea
estate described in the application herein "
such decree shall not be opened by reason OF
the absence, infancy or other disability Of any
person affected thereby, nor by any proceeding
at law or in equity for reversing Judgments
or DEGREES. except as herein especially pro-
Vlded. An appeal may be taken to the SUI
prerne' court within the same time, unon like
notice, terms and conditions as are now pro-
- Vided for the taking of appeals in the dis
tr1ct court to the supreme court In civil actions
! Sec. 2S Any person having am interest OF
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
| at any time within sixty days after the entry
OF such Decree and not afterwards, appear and
iie his sworn answer to such application ir
like manner as hereinbefore prescribed fol
making answer; provided however, that such
person had no notice or information of The
filing of such application or the tendency OIL
the proceeding during the tendency thereof OF
until within three months of the time of the
ming of such answer, which facts shall be
made to appear before answering by the aft.
/ davit Of the person answering or the affidavit
of some one in his behalf having KNOWLEDGE
of the facts, and provided, also, that no in.
nocent purchaser for value has acquired ar
interest. If there is sny 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 applican.
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
fp~nc ta6 H.