Inglee v. Welles
Supreme Court of Minnesota
Appeal by Wilber B. Godding and William A. Godding from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, denying their motion to open a judgment and permit them to defend.
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Appeal by Wilber B. Godding and William A. Godding from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, denying their motion to open a judgment and permit them to defend. On August 20, 1887, the plaintiff, Edgar P. Inglee, commenced an action in the District Court of Hennepin County against Henry T. Wells, Delia W. Godding and all other persons or parties unknown, claiming any right, title, estate, lien or interest in Lot twelve (12) in Block twelve (12) in Lennon & Newell’s Addition to St. Anthony. The action was brought under 1878 G. S. ch. 75,…
1Per curiam
We are of the opinion that the proof of publication of the notice of Us pendens with the summons is sufficient; also, that the nature of the action, and the nonresidence of the named defendant, Delia W. Godding, sufficiently appeared from.the affidavit for publication.
*199We are also of opinion that the mere fact that the named defendant was dead before the action was brought did- not prevent; the court from acquiring jurisdiction to determine the right of “persons or parties unknown” claiming an interest in the land described in the complaint.
These being all the objections to the judgment that…
2Cases cited1 opinion
- McGeagh v. NordbergSupreme Court of Minnesota · 1893
3Cited by5 opinions
- State ex rel. Douglas v. WestfallSupreme Court of Minnesota · 1902
- Phillips v. TompsonWashington Supreme Court · 1913
- Manderfeld v. KrovitzCourt of Appeals of Minnesota · 1995
- McClymond v. NobleSupreme Court of Minnesota · 1901
- McGeagh v. NordbergSupreme Court of Minnesota · 1893