44 Minn. 501 | Minn. | 1890
In the year 1883, one Lord, claiming to be the owner of two lots in the city of St. Paul under certain tax proceedings, and certificates issued to him at sales for taxes, brought an action against this plaintiff and “parties unknown” but claiming title, to determine adverse claims to the property. This plaintiff was a non-resident, upon whom personal service of the summons could not be made, nor did she appear therein; but such steps were thei'eafter taken under the statute regulating actions against non-residents as resulted in the due entry of judgment quieting the claims and demands of each and all of the defendants in said property, and adjudging Lord to be the owner of the same. On October 8,1883, this judgment was duly
The greater part of the argument made by appellant’s counsel was devoted to a discussion of the constitutionality of the amendment to Gen. St. 1878, c. 66, § 125, found in Laws 1887, c. 61; but it should be apparent at a glance that there is no question pertaining to the fundamental law involved in either section 125 or in the amendment thereto made in 1887. Section 125 conferred upon any party to lit-' igation in the district courts of this state, whether resident or nonresident, without regard to the manner in which the summons was served, the privilege of making application, at any time within one year after notice of the same, to be relieved from a judgment taken
In the case at bar the decree first made was properly recorded «on October 8, 1883, while appellant’s application for relief bore date ■October 24, 1888, more than five years later. Meantime the amendment was.passed, in March, 1887, to take effect September 1st, thus ■giving to appellant and others similarly situated about six months’ time in which to examine the records, and learn whether or not they were affected by the new law; and, when the amendment finally became effectual, it inured to the benefit of all who came within its terms. A judgment could still be set aside and vacated, as was the one now under consideration, but such action by the court availed nothing as against the good-faith purchaser or incumbrancer, where the decree had been of record the specified period of time. Under this statute, the title of the bona fide purchaser based upon the decree cannot be disturbed when three years have expired without application for relief, and with the decree duly upon the record in the register’s office. One purchasing in good faith, within the three record years, takes a title subject to having it hazarded or divested if seasonable application be made by the judgment debtor, but he knows within what period of time this must be done. The uncertainty upon this point, the inevitable result of the provisions of section 125, was removed by the amendatory proviso; and if the defend; -ant city was a bona-fide purchaser from Lord, as was found by the ■ trial court, it was not affected at all by the result of the plaintiff’s ■application for leave to answer in the original action, as that result -was embodied in the last decree. Its rights had become fixed under ••the amendment, and therefore the court below was correct in its or■■der for judgment in this action.
But appellant argues that the city was not a good-faith purchaser from Lord, because it had previously proceeded to condemn for public use the land conveyed to it by his deed of November 18, 1883. No allusion is made in any of the pleadings to these alleged proceedings to condemn, nor was there a finding as to whether they were
Order affirmed.