Trask v. Bodson

• Decision Date: 22 November 1918
• Docket Number: No. 20983.,20983.
• Citation: 141 Minn. 114,169 N.W. 489
• Parties: TRASK v. BODSON et al.
• Court: Minnesota Supreme Court

141 Minn. 114

169 N.W. 489

TRASK

v.BODSON et al.

No. 20983.

Supreme Court of Minnesota.

Nov. 22, 1918.

Appeal from District Court, Morrison County; W. L. Parsons, Judge.

Action by Eugene L. Trask against Gertrude Bodson and others. Judgment directed for defendant Bodson, and from an order refusing to amend the findings, and denying his motion for a new trial, plaintiff appeals. Affirmed.

Syllabus by the Court

In an action against C. H. McCutchen to quiet title to vacant and unoccupied real property, the record title of which was in Charles H. McCutchen, the property having been assessed and taxed under the name ‘C. H. McCutchen,’ by which the record owner was known in connection therewith, service of the summons by publication, together with a notice of lis pendens containing a full description of the land, constitutes constructive notice to the owner of the record title. C. E. Purdy, of Minneapolis, for appellant.

B. H. Bowler, of Minneapolis, for respondents.

QUINN, J.

This is an action to quiet title to a certain tract of vacant and unoccupied land situated in Morrison county. On and prior to December 29, 1907, the record title thereof was in the name of Charles H. McCutchen. It had been assessed and taxed under the name of C. H. McCutchen. On June 4, 1907, George H. Niles, holding a tax certificate thereon, filed a notice of lis pendens and commenced an action to quiet title thereto in himself, and on December 10, 1907, judgment was so entered. Subsequently Niles quitclaimed his interest in the land to the Bowler Securities Company, which held a tax certificate thereon, dated May 11, 1903, and on February 8, 1913, that company filed a notice of lis pendens and commenced an action to quiet title thereof in itself, and judgment was so entered on May 20, 1913. Both certificates recited the name of the person to whom the property was assessed as ‘C. H. McCutchen.’ Both actions were brought against C. H. McCutchen and certain other named persons, and also certain unknown heirs, pursuant to the provisions of sections 4388, 4389, Revised Laws 1905. Each summons was placed in the hands of the sheriff of Morrison county for service, who returned the named defendants not found. Pursuant to orders of the court, the summons and notices of lis pendens were thereupon served by publication, and in due time judgment was entered upon default in each of said actions. No steps were ever taken to have either of said judgments vacated or set aside.

December 14, 1912, Charles H. McCutchen executed to the plaintiff a quitclaim deed to the land in question, which was filed for record in Morrison county, December 29, 1913. In the present action the defendant Bodson answered, claiming title to the land under the judgments above referred to and a deed of conveyance from the Bowler Company. The other defendants disclaimed. The trial court found that the defendant Bodson was the owner of the land; that the said judgments extinguished all of Charles H. McCutchen's interest therein; that the plaintiff was entitled to no relief; and ordered judgment accordingly. From an order refusing to amend the findings, and denying his motion for a new trial, plaintiff appealed.

[1] The plaintiff assails the two judgments first above referred to upon the sole ground that the defendant sued therein was C. H. McCutchen, instead of Charles H. McCutchen. As stated, the trial court held that such judgments extinguished all of Charles H. McCutchen's right in the land. The correctness of this holding was the only question urged upon the motion for a new trial in the court below, and is the only one presented here.

We have, then, a case where the record title to real property was in Charles H. McCutchen. An action was brought against C. H. McCutchen to quiet title thereto. The summons was served by publication and judgment entered upon default. Did the judgment so rendered divest the record owner of his interest in the land?

Section 4389 of the statute provides that in all actions in which the title to, or any interest in or lien upon, real property is involved or affected, any party thereto may file for record with the register of deeds of the county in which the premises lie a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property involved, and that from the time of the filing of such notice the pendency...