Hoyt v. Lightbody
Supreme Court of Minnesota
Action in the district court for Lake county by Herbert H. Hoyt, plaintiff, against John Lightbody, H. Berlingame, John Currie, “and also all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the complaint herein” defendants, to determine the adverse claims of defendants to certain vacant and unoccupied land.
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Action in the district court for Lake county by Herbert H. Hoyt, plaintiff, against John Lightbody, H. Berlingame, John Currie, “and also all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the complaint herein” defendants, to determine the adverse claims of defendants to certain vacant and unoccupied land. Service of the summons was had by publication thereof, and judgment by default was duly entered in favor of plaintiff on May 7, 1897. In July, 1903, Helen, Lucy, and in October, 1903, Arthur Lightbody, claiming to be the…
1Opinion of the CourtDouglas, J.
Appeal from an order of the district court vacating a judgment and allowing respondents to appear as defendants and answer therein.
In an action to determine adverse claims to certain lands judgment was entered in favor of the plaintiff on May 7, 1897. Respondents were barred by said decree from claiming any interest therein under the description of unknown owners. In 1903 respondents applied to the court for an order vacating said judgment and allowing them to answer.
From the affidavits filed 'it appears that, at the time of the entry of said judgment, respondents Helen, Lucy and Arthur…
2Cases cited6 opinions
- Lord v. HawkinsSupreme Court of Minnesota · 1888
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Norton v. Metropolitan Life InsuranceSupreme Court of Minnesota · 1898
- Boeing v. McKinleySupreme Court of Minnesota · 1890
- Easton v. ScofieldSupreme Court of Minnesota · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hoyt v. LightbodySupreme Court of Minnesota · 1906