New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

with the registrar a certified copy of the
! Judgment together with a written state
n1ent containing a DESCRIPTION of eacb
parcel OF land upon which the lien IS
| claimed, and a proper reference to the
eert1hcate or certificates of title to such
! land. Upon filing such copy and state
ment, the registrar shall enter a me-
i morlal OF such judgment upon each
/ cernhcate designated in such statement
and the Judgment shall thereupon be and
such certificate or certificates At any
tlme after fling the certified copy Of
| sucn Judgment. any person claiming the
! lien may, by filing a written statement as
herein provided cause a memorial OF
/ such judgment to be entered upon any
| ceruhcate of title to land not described
IN any previous statement and the judg-
ment shall thereupon be and become a
| Ien upon such land. The judgment shall
survive s! and the lien thereof shall con-
tlnue for period of ten years from the
GATE of said judgment and no longer.
In every case where an instrument Of
| any description, or copy of any writ,
| filed or recorded in order to create or
preserve any lien. writ or attachment up
on unregistered land. such instrument or
copy, if intended to affect registered land,
shall, in lieu Of recording, be filed and
registered with the registrar In addi-
ton to any facts required by law to be
| stated In such instruments to entitle
them to be filed or recorded they shall
| also contain a reference to- the number
| OF the certificate of title Of the land to
be affected and, if the attachment,
charge or lien is not claimed ON all the
| land described in any certificate of title,
such instrument shall contain a descrip-
! ton sufficient to identify the land.
| Sec. Establishments Liens, Etc.-At-
| Iachments and liens of every description
| upon registered land shall be continued.
reduced red, ed - discharged and dissolved by
case Of unregistered land. All certificates,
writings or other instruments permitted
| or required by law to be filed or recorded
to give effect to the enforcement, con-
tinuance, reduction, discharge or dissolu-
| tion of attachments or other liens upon
unregistered land or to give notice of
| the same, shall in the case of like liens
| upon registered land be filed with the
registrar.
Sec. s. Plaintiffs Attorney-Ths
name and address of the PLAINTIFFS at
| torney shall in all cases be endorsed up
| on the instrument which is registered,
! and he shall be deemed to be the attor-
ney OF the plaintiff until written notice
shall have been filed for registration by
| the plaintiff.
Sec. "a. Release of Judgment Execu-
ton ton. Eta -, certificate of the clerk Of
court in which any action or proceeding
| snail nave been pending or in which any
| Judgment or decree is of record, that
such action has been dismissed, or other
| wise disposed of, or that the judgment,
! decree Or order has been assigned, salts
| ned, released or reversed. or the cerIffi-
cate of any, sheriff, or other officer, that
| the levy of any execution. attachment
| or other process has been released dis
| charged or otherwise disposed of being
/ duly filed and noted upon the register
| shall be sufficient to authorize the reg
1strar to cancel or otherwise treat the
/ memorial thereof according to the pur-
! port of such certificate.
Sec. 60; Acquiring Title by Action
! New Certificate.-Upon the expiration Of
| the time allowed by law for redemption
OF. registered land, after it has been set
/ on OIL or sold on execution, or taken or
| charge Of any nature, the person who
claims under such execution, or under
any certlhcate, deed or other instrument
mace IN the course of proceedings to
| enforce such execution or lien, may ap-
ply to the court for order directing
/ the entry OF new certificate to him,
| ana upon such notice as the court may
| require, the petition shall be heard, and
a proper order or decree rendered there
\ Sec. &c. Upon Death of Owner.-When
| the owner of registered land, or of any
1 estate or interest therein, dies having
! devised the same by will, the persons
| entitled thereto may file with the reg
ls a1fan a; certified copy of such will, TO-
OF the probate court admitting it to pro
pate, and OF the final decree of the
probate court assigning the same,
sued to the testator, and thereupon the
| registrar shall cancel the duplicate
/ certificate issued to the testator, and
/ issue new duplicate certificate or GER
tificates to the persons designated in such
final decree. When the owner of regis
tered land or of any estate or interest
same, the persons entitled thereto by law
may file with the registrar a certified
| copy OF the final decree of the probate
court assigning the same, together with
| the duplicate certificate issued to the in
testate. and thereupon the registrar shall
cancel the duplicate certificate is
sued to the intestate. and issue a
| TO the persons named in said final decree
as being entitled thereto. If any execu-
Tor or admlnlstrator with the will an
neXed is authorized by the terms of any
| Will to grant, bargain, sell, convey or
mortgage registered land, he may do so
IN the same manner as if the land wera
registered in his name as such executor
or administrator, provided, however, that
i such executor or administrator shall first
| NE with the registrar a certified copy
copy of the order of the probate court
admitting the same to probate, and OF
the the letters testamentary, or with the
| Will annexed issued to him thereon
| Sec. 81. Jurisdiction of Probate Court.
| Not lnlpaired-Nothing contained in this
act y II impair or affect the jurisdiction
OF tt rebate court to license any execu-
tor, administrator or guardian to sell or
| mortgage registered land. A purchaser
| or mortgage receiving a deed or mort
gagH executed pursuant to such license
| TO the entry OF new certificate of title
| or memorial of registration in the same
| manner as upon any similar voluntary
| transfer of registered land; provided that
| no certificate shall be issued pursuant to
| the provisions Of this section or of the
| preceding section except upon the order
| OF the district court directing the is
| suance thereof
Sec. 6S: Subsequent Adverse Claim,
How Registered-Costs-An person
| registered land adverse to the registered
| owner thereof arising subsequent to the
! date of the original registration, may, if
| no other provision is made in this act
| for registering the same file with the
| registrar his verified statement in writ
| ing, setting forth fully his alleged right
| or interest, and how or from whom it
! was acquired, and a reference to the VOL
ume and page of the certificate of title
| of the registered owner together with a
| description Of the land, the adverse
| claimants residence. and designating a
| place at which all notices may be served
| upon him. Such statement shall be en-
| titled to registration as an adverse claim,
| and the court upon the petition of any
| party in interest, shall grant a speedy
| nearing upon the validity of such ad-
verse claim, and shall enter such decision
| and decree therein as justice and equity
may require. If the adverse claim is adj
| judged to be invalid, the registration
thereof shall be Cancelled. The court
/ may, IN any case, award such costs and
damages. including a reasonable attor-
ney's fee, as it may deem just
| Sec IA AItera tions m