The Princeton union., 1922-12-21
SUPREME COURT
REVERSES ORDER
Decision Of Much Importance to Resi-.
dents of Milo Township is Rem
dered; Titles Are Valid.

On December Is a decision of much
Importance to certain residents of
Milo township was rendered by the
state supreme court. The matter in
question involved the validity Of titles
to plots of land in the village Of Pease
or nearby, comprising a 120-acre tract.
If the decision of the district court
had not been reversed the owners of
this land would have found them
selves in the embarrassing position of
having buildings erected on property
to which they did not have a clear
title.
The plaintiff and appellant was
Jacob Van Rhee, the defendant and re-
spondent was Thomas Dysert. E. l..
Mcmillan was attorney for the plain
tiff while the defendant and respon-
dent was represented by C. J. Cahaley
and G. P. Kleinman.
Stephen Dysert, the father of re-
spondent, died intestate in 1896 own
ing 120 acres of land in Mile Lacs
county. The estate was probated and
an undivided one-fifth decreed to re-
spondent. In the year 1899, after 3
of the children conveyed interests in
the land to M. M. Ring, all the heirs Of
Stephen Dysert disappeared from
Mile Lacs county. In May, 1899,
plaintiff bid on the land at forfeited
real estate tax judgment sale and i'm
mediately went into possession, culti-
waited, and improved the same. He
also obtained conveyance from H. M.
Ring.
This action to determine the adverse
claims Of the defendants to the land,
alleged to be in plaintiffs possession,
was begun February %, 1919, when
the complaint and lis pendens were
duly filed. Service of summons was
made upon respondent by publication.
Judgment was entered May IL, 1909,
and certified copy at once recorded
in the office Of the register of deeds
of Mile Lacs county.
The evidence presented at the hear
ing in the district court showed that
the plaintiff had made every effort to
locate the defendant, Thomas Dysert,
but he could not be located.
It was also shown in the hear
ing in the district court that
Thomas Dysert had for some time
been residing in St. Louis county and
had continually been a resident Of the
state since 1899. Therefrom the court
made findings Of fact, the one of con-
trolling Importance being: "That said
defendant, at the time of commence
ment Of said action and for long time
prior thereto and ever since said time
has been and still is an actual bona
fide resident Of the state of Mime
sofa, and that his residence might
have been ascertained at all of such
times by the exercise of diligence"
The district court then issued an
order vacating Judgment which de-
cision, if it had stood, would probably
have cost the people now residing on
the land in question thousands of
dollars.
E. L. Mcmillan, counsel for the
plaintiff, Jacob Van Rhee, asked for
an appeal from the district court and
the case was taken to the state su-
preme court.
The supreme court ruled that the
plaintiffs showing of diligent search
and inability to find the respondent,
Thomas Dysert, in the state was we'll
nigh conclusive, and that the respon-
dents showing to the contrary was
not sufficient to overcome the same.
The order of the district court va
eating judgment was therefore re-
vorcod