In Re Application to Register Title to Land

Supreme Court of Minnesota

In Re Application to Register Title to Land

206 N.W. 406, 165 Minn. 485

CourtSupreme Court of Minnesota

DecidedDecember 11, 1925

DocketNo. 24,935.

StatusPublished

This text of 206 N.W. 406 (In Re Application to Register Title to Land) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Application to Register Title to Land, 206 N.W. 406, 165 Minn. 485 (Mich. 1925).

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Opinion

¹ Reported in 206 N.W. 406. This is a second appeal. The opinion disposing of the first will be found in 159 Minn. 458, 199 N.W. 235, 35 A.L.R. 413. It was held that the *Page 486 evidence was insufficient to support a finding that the summons had been served upon the respondent in an action in which a default judgment was entered against her and her former husband, Charles G. Wallace. The second trial resulted in a specific finding that the summons had not been served upon her, and the conclusion that the judgment was void for want of jurisdiction over the person of the respondent and that the sale on execution of the land involved in this proceeding was wholly void. The appeal is from the judgment.

The only question to be considered is whether the evidence supports the particular finding to which we have referred. Appellant insists that it does not and that such convincing evidence of the service of the summons was produced at this trial as to require the court to find the other way. A careful examination of the record and a comparison of the evidence contained therein with that in the record on the first appeal has satisfied us that appellant added little, if anything, to the evidence produced at the first trial. Taken as a whole, the two records are substantially the same, hence the former decision becomes the law of the case.

Judgment affirmed.

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¹ Reported in 206 N.W. 406. This is a second appeal. The opinion disposing of the first will be found in 159 Minn. 458, 199 N.W. 235, 35 A.L.R. 413. It was held that the *Page 486 evidence was insufficient to support a finding that the summons had been served upon the respondent in an action in which a default judgment was entered against her and her former husband, Charles G. Wallace. The second trial resulted in a specific finding that the summons had not been served upon her, and the conclusion that the judgment was void for want of jurisdiction over the person of the respondent and that the sale on execution of the land involved in this proceeding was wholly void. The appeal is from the judgment.

The only question to be considered is whether the evidence supports the particular finding to which we have referred. Appellant insists that it does not and that such convincing evidence of the service of the summons was produced at this trial as to require the court to find the other way. A careful examination of the record and a comparison of the evidence contained therein with that in the record on the first appeal has satisfied us that appellant added little, if anything, to the evidence produced at the first trial. Taken as a whole, the two records are substantially the same, hence the former decision becomes the law of the case.

Judgment affirmed.

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Bluebook (online)

206 N.W. 406, 165 Minn. 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-to-register-title-to-land-minn-1925.

Opinion

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