Summons
Publish September 12, 19, 26, 2012
SUMMONS
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUT
COURT FILE NO. _________
Gordie R. Billmark and Cynthia R. Billmark, Trustees under the Gordie & Cynthia Billmark Living Trust dated February 24, 2006,
Plaintiffs,
vs.
John T. Wray and H. M. Wray, a/k/a Hannah M. Wray, husband and wife; unknown heirs of Ole Sogaarden; Oline Sogaarden; unknown heirs of Martin Sogaarden; unknown heirs of Peter Sogaarden; unknown heirs of Christine Helseth; unknown heirs of Olive Femrite; unknown heirs of Henry L. Femrite; unknown heirs of Bertha Reece, a/k/a Alberta Reece; Ovila Hyde; unknown heirs of Wallace W. Hyde; Odella Solheim; unknown heirs of Evelyn Solheim; unknown heirs of Arthur Solheim; unknown heirs of Marie Finstad; unknown heirs of Ole Finstad; Robert B. Goodin; unknown heirs of Carol A. Goodin; State of Minnesota; County of Douglas; AgCountry Farm Credit Services, FLCA; Einar O. Johnson and Mary Elizabeth Johnson, husband and wife; Nathan J. Johnson and Karla D. Johnson, husband and wife; and all of the unknown heirs of any of the above-named defendants that may be deceased; and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein,
Defendants.
THIS SUMMONS IS DIRECTED TO DEFENDANTS.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
710 Broadway, P.O. Box 787, Alexandria, MN 56308.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, The Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Douglas County, State of Minnesota, legally described as follows:
Parcel A:
That part of Government Lot 1 and that part of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4), all being within Section 26, Township 127 North, Range 39 West, Douglas County, Minnesota, described as follows:
Beginning at the southwest corner of Lot 3, Block One, PRCHAL’S LAKESHORE, according to the recorded plat thereof;
thence North 00 degrees 00 minutes 00 seconds East, assumed bearing, along the west line of Lots 3 and 2 of said Block One, PRCHAL’S LAKESHORE, a distance of 295.75 feet to the southerly most corner of Lot 1, said Block One, PRCHAL’S LAKESHORE;
thence North 90 degrees 00 minutes 00 seconds West 34.29 feet to a point on an 11,384.16 foot radius curve which center of circle bears North 87 degrees 20 minutes 10 seconds East from said point, said curve also being the easterly right-of-way line of Trunk Highway No. 114;
thence southerly, along said curve and along said easterly right-of-way line, central angle 00 degrees 58 minutes 04 seconds, 192.27 feet;
thence South 03 degrees 37 minutes 53 seconds East, along tangent, 104.42 feet to the westerly extension of the south line of aforesaid Lot 3;
thence North 88 degrees 30 minutes 59 seconds East, along said westerly extension, 17.12 feet to the point of beginning, containing 0.18 acres more or less.
AND
Parcel B:
That part of Government Lot 1 of Section 26, Township 127 North, Range 39 West, Douglas County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 3, Block One, PRCHAL’S LAKESHORE, according to the recorded plat thereof;
thence North 00 degrees 00 minutes 00 seconds East, assumed bearing along the west line of Lots 3 and 2 of said Block One, PRCHAL’S LAKESHORE, a distance of 295.75 feet to the southerly most corner of Lot 1, said Block One, PRCHAL’S LAKESHORE, said southerly most corner of Lot 1 being the point of beginning of the land to be described;
thence North 90 degrees 00 minutes 00 seconds West 34.29 feet to a point on an 11,384.16 foot radius curve which center of circle bears North 87 degrees 20 minutes 10 seconds East from said point, said curve also being the easterly right-of-way line of Trunk Highway No. 114;
thence northerly, along said curve and along said easterly right-of-way line, 402 feet more or less to the westerly shoreline of Pocket Lake;
thence southeasterly, along said westerly shoreline, 134 feet more or less to the west line of aforesaid Lot 1, Block One, PRCHAL’S LAKESHORE;
thence South 00 degrees 00 minutes 00 seconds West, along said west line of Lot 1, 276 feet more or less to the point of beginning, containing 0.31 acres more or less.
AND
Parcel C:
Lots 1 and 2, Block One, PRCHAL’S LAKESHORE, according to the duly recorded plat thereof.
AND
Parcel D:
That part of Lot 3, Block One, PRCHAL’S LAKESHORE, according to the duly recorded plat thereof, described as follows:
Commencing at the southwest corner of said Lot 3;
thence North 88 degrees 30 minutes 59 seconds East, assumed bearing, along the south line of said Lot 3, a distance of 188.00 feet to the point of beginning of the land to be described;
thence reversing South 88 degrees 30 minutes 59 seconds West, along said south line, 188.00 feet;
thence North, record bearing, along the west line of said Lot, 168.63 feet to the southerly most corner of Lot 2 of said Block One;
thence North 53 degrees 39 minutes 30 seconds East, along the northwesterly most line of said Lot 3, a distance of 233 feet more or less to the shoreline of Pocket Lake;
thence southeasterly, along said Lake, 55 feet more or less to a line bearing North 07 degrees 47 minutes 54 seconds East from the point of beginning;
thence South 07 degrees 47 minutes 54 seconds West 263 feet more or less to the point of beginning.
(Collectively Parcels A, B, C and D are referred to as the Property)
The object of this action is to obtain judgment declaring that the Plaintiffs are the owners of the land described above; and that the defendants, and each of them, have no interest or estate in said land, nor lien thereon.
Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.
Dated this 5th day of September, 2012.
SWENSON LERVICK
SYVERSON TROSVIG
JACOBSON SCHULTZ, P.A.
By /s/ Gary I. Syverson
Attorneys for Plaintiff
710 Broadway, P.O. Box 787
Alexandria, MN 56308
(320) 763-3141
Atty. Registration #108133
1552764
Tags: legals
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