253 N.W. 773 | Minn. | 1934
The matter was heard by the referee, and his report, when filed, held that the land in question was still subject to the appellant's contract for deed as against this applicant. December 13, 1932, appellant served notice on the applicant that he would apply to the court for an order confirming and approving the report of the referee and for an order that would register the title to the property subject to appellant's contract for deed. Two days before the date set for hearing of this motion applicant obtained from the district court an order dismissing the entire registration proceeding. The order was later vacated, without prejudice to the applicant to renew, because of failure of the applicant to serve upon appellant notice of the motion to dismiss. Applicant later renewed his motion to dismiss and at the same time appellant moved that the report of the referee be confirmed and approved. The motions were heard together, and the court entered orders dismissing the registration proceeding and denying appellant's motion. From these orders appellant takes this appeal.
Appellant contends that the general statute governing dismissals, 2 Mason Minn. St. 1927, § 9322, applies to the case at bar since affirmative relief has been demanded by an answering defendant. Applicant contends that 2 Mason Minn. St. 1927, § 8267, applies. It provides:
"The applicant may upon motion dismiss the application at any time before the final decree is entered upon such terms as shall be fixed by the court."
The quoted section is contained in 2 Mason Minn. St. 1927, c. 65, governing the registration of titles under the Torrens act. The general rules that govern procedure in an ordinary civil action *274
apply to registration proceedings unless the statute provides otherwise. 5 Dunnell, Minn. Dig. (2 ed.) § 8356; Owsley v. Johnson,
Appellant relies on the case of Seeger v. Young,
Since the action is dismissed without prejudice to the appellant, he still has an adequate remedy to enforce performance of his contract.
Affirmed. *275