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

SESSION OF 1901.
/ ana He'd with the clerk OF the court
See. -. II in the opinion of the examiner.
the me- applicant si has 9 title as alleged, and
an sdverss opinion OF The eaa n@ eaet
In further the CLERK Of the court shall
opinion or the applicants election, as the
81 Sass IN may be. issue summons substantially
summons shall be issued by the order Of the
court and attested by the clerk of the court
SEE zee. ls. The applicant shall be known as
application or found By tie report Of the e9 e
er ns ag bepg in possession OF the premises
night. title or interest In the land, and ali
f Ilnar persons who shall be designated as fol
E ums.u,Vaz; All other persons OF parties I'M
sn.ow it claiming any right, title estate, lien
the application herein shall be and shall be
PEG. ~ The summons shall be directed to
ae aeIendants and require them to appear and
tis the application Of the applicant plain
ena summons exclusive of the day Of service;
ntot, sala summons shall be served as is now
acinne Tor hhe service of summons in civil
eeps as herein otherwise provided. The sum
fen us snan De served upon nonresident de-
as and upon 'all such unkncWn persons
" parties, defendant, by PUBLISHING sal sum
tba IN newspaper printed and published in
t the county where the application is filed df
q -, newspaper printed ana published in an ad
Jutntns county, and if there Ia no such news
printed and pnSis aSoaa1tg then
saas tstate), once in each week for three CON
sha unI h weeks, and such service by publication
n%SSnty, frs day from and Including the frs:
f. Hsss, 20: 4. The clerk of court shall also,
oNct n
sesa a copy thereof by mail to such defendants
w VINO are not residents of the state whose nlacs
and whas Is known or stated in the application
Era ~ ma.ose appearance Is not entered and who
rba not It n person served with the summons
s,,nb certlincate of the clerk that he has Sent
f sa notice, ia pursuance Of this seetinn shai
70 conclusive evidence thereof Sther ~ e f
nav Twice ~ OF the application for REGISTRATION
persons IS sven Yen IN such manner and to such
direct. souie OF any Judge thereof may
the zee sx2 ~, B. The summons shall be- served at
service thereof shall be made a. nrnos 80 ~ .ns
ice Is made, In civil actions. SA0'A - Sei'-
sectinn ~ tI. -. The summons provided for IN
to-w.t: o - tie form following,
la saammons on application for registration of
State Of Minnesota.
Name Of significantly, ar ;6s; -
ton ~ tne iaRd described as follows: dsscrp-
Versus ~ .o4"1'' ''.'........ plaintiff.
<Nanes Of ali defendantsj. and ali oii:; n.r
tit1s w parties unknown, claiming any right,
........s Deo IN the application herein,
Ths State Of MINNESOTA to the aab5eTaanta;
a., LOU are hereby summoned and required to
t.f ssW9F me application Of the applicant plain
tratia ia me above entitled application for regis
80 ae'nt ana 70 nile q copy Of your answer to
me SAID application In the office Of the clerk
ef+s $40 court, IN said county within ten days
excinsi tne service OF this summons upon you.
you fail to answer the said application within
me thi. time aforesaid, the applicant pIaintin in
re Mitn demanded in the application herein.
and the seal thereof at clerk Of said in eG satd
A. D: 19.... gay ~ '''''''.''''''
see. H. The court shall appoint a d HlHpt
ested person to act as guardian ad Item for
minors f and other persons under disability. and
to have an interest in the land The COM
pensation of the guardian shall be determined
oy the court, and paid as part Of the expense
Sec: %. ANY person claiming an interest,
whether named in the summons not, may
n nppeas ~, and file an answer within the time
time as may be allowed by the court. The
e eaf;og shall state als objections to the app
by the party filing the same. and shall be
S 81 b hnd Sworn to by him or by some person
a
Sec %. If no person appears and answers
within the time, named in the summons ao1
allowed by the court, the court may at once
upon the motion Of the applicant, no reason tc
the contrary appearing. upon satisfactory proof
OF the applicants right thereto, make its or
ger ana decree confirming the. title Of the ap-
10y the description in the summons, "aEp other
persons Unknown. claiming any right, title.
estate. Lien Or interest IN the real estate de.
world are made parties defendant, and ahal]
BE- rh included caS. By The default and order.
err or further proof. e' w. ' '.l o'- :
entered and answer filed, the cause shall b,
set down, TOR hearing on motion Of either
entersa e aranst ali ne ana oroe5 sn "a nrss p
pear and answer in the manner provided In tn,
preceding section. The court may refer tn.
amlners Of title. as refarae to dear the partie.
and their evidence and make report thereon *
the court His report shall have the same
welght as that Of a referee appointed by thu
now In force and relating to the appoint ment
duties and powers Of referees. .-
Sec. 70. The court may order such other o.
1urther hearing Of the cause before the cour
or before the examiner Of titles after the faine
the last preceding section, and require sucl
other Or further proof by either of the parties
TO the cause as to the court shall seem mee
Sec. Is, Il in any case, after hearing thu
proper for registration a decree shall DO en-
tered disn.issing the application. and such de-
cree may be ordered to be without prejudice.
The applicant may dismiss his application a;
! any time before the final decree, upon sucl
terms as shall be fixed by the court, ~upor
motion to dismiss duly made to the court.
| that the applicant has title, whethei as statsc
IN his application or otherwise, proper for regis
| registration shall be entered Every decree O.
registration shall bind the land, and quiet tn,
vasa sna shall Ps
! elusive upon all persons whether mentioned
| by name in the application or included in ''al
right, title, estate, lien or interest tn thS rea
estate described in the application herein,
such decree shall not be opened by reason O.
, person affected thereby. nor by any proceeding
| at law or in equity for reversing Judgments
vlded. An appeal may be taken to the p su
! prelne court within the came time, upon Xix.
notice, terms and conditions as are now pro
trict court to the supreme court in civil actions
| sec. e. Any person having an interest o.
lien upon i. the land who has not been aetuall,
the application or the tendency thereof, ma,
at any time within sixty days after the entr:
ale his sworn answer to such application II
| like manner as herenbefore prescribed fol
making answer; provided. however, that suci
person had no notice or information Of tn,
; filing OF such application or the tendency O
| the proceeding during the tendency thereof o.
| until within three months Of the time Of tn.
made to appear before answering by the affi
| davit Of the person answering or the affidavi
| OF soma one in his behalf having knowledg
| Of the facts. and provided also. that no in
! noeent purchaser for value has acquired a,
| interest. If there Is any such purchaser th
decree OF registration shall not be opened, bu
shall remain in full force and effect forever
subject only to the right Of appeal hereinbe
| fore provided. but any person :agsrieved b,
| MO
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 beer
! given to the applicant, and to such other in
| terssted parties as the court may order II
| 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 b.