46 Minn. 180 | Minn. | 1891
In the year 1883 the defendant, having a tax-title of the land in dispute, brought an action to determine adverse claims thereto, under Gen. St. 1878, c. 75, § 2, as amended by Laws 1881, Ex. Sess. c. 81, and named, as parties defendants, “Benjamin Keenan, E. Daniels, also all other persons or parties unknown, claiming any right, title, estate, lien, or interest in the real estate described in the complaint on file in the above entitled action, and their unknown .heirs;” and caused the summons therein, as so entitled, to be published as in ordinary cases of non-resident defendants, together with a notice of lis pendens, containing the proper description of the land, which notice had been duly recorded.
It is claimed that the summons was defective in not naming Ho-man, the patentee of the land, as one of the defendants; and we think this objection well taken. In so far as the records disclosed, he was the owner of the government title. The defendant was bound to take notice that Homan was the patentee of the land, as well from the government records as those of the county. The important provisions of this statute, as a means of notice to the unknown claimants, are the designation of the names of interested parties who are known and those wjrp appear such by the records, together with the publication of the notice of lis pendens, containing a description of the land, and the record of the same. If the land appears to have been entered by Homan, and his grantees, if any, are unknown and not disclosed by the records, the most effectual notice to those claiming under him would be to name him, in connection with the general designation of such unknown claimants. The statute must be strictly construed and followed, and it is enough that it requires such parties to be specially named. If any one appearing by the record to be the
Judgment affirmed.