1577780 Summons - QUT

Summons

Publish October 17, 24, 31, 2012

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Case No.: 21-CV-12-1566

Case Type: QUT

Assigned to: Unknown

Mark S. Anderson; Neal A. Anderson; Richard Denk,

Plaintiffs,

vs.

Knute Swanson, aka Knut Swanson; Kevin K. Morken; Inga Mickelson; Gustaf Mickelson, aka Gustof Mickelson; George J. Luetgers; Avis A. Luetgers; Jay T. Luetgers; Kaylee K. Luetgers; First State Bank of Kensington; Anton Anderson; Lillie Anderson; Joel Holm; Ole Tollefson; Marit Tollefson; Kyle Erwin Flesner and Lynn Marie Flesner, as Trustees of the Trust Agreements of Kyle Erwin Flesner and Lynn Marie Flesner dated October 21, 2010; Township of Holmes City; State of Minnesota, and also the unknown heirs of the Defendants herein and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs’ 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:

LEUTHNER & HUETHER, LTD.

William J. Leuthner, #62467

218 3rd Avenue East #102

Alexandria, MN 56308

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs’ Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs 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 3, Section 10 and that part of the Northwest Quarter of the Northeast Quarter, Section 15, both in Township 127 North, Range 39 West, Douglas County, Minnesota, described as follows:

Commencing at the southeast corner of said Government Lot 3; thence on an assumed bearing of North 89 degrees 24 minutes 09 seconds West along the south line of said Government Lot 3 a distance of 233.32 feet to the point of beginning of the land to be described; thence South 07 degrees 07 minutes 50 seconds East 203.59 feet; thence South 48 degrees 39 minutes 19 seconds West 117.84 feet to the south line of the north 17 rods (280.50 feet) of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 24 minutes 09 seconds West along said south line of the north 17 rods 1025.77 feet to the west line of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 07 minutes 02 seconds East along the west line of said Northwest Quarter of the Northeast Quarter a distance of 280.51 feet to the northwest corner of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 24 minutes 09 seconds East along the north line of said Northwest Quarter of the Northeast Quarter a distance of 100.00 feet; thence North 04 degrees 03 minutes 01 seconds East 80 feet more or less to the shoreline of Blackwell Lake; thence northeasterly along said shoreline to the intersection of a line bearing North 07 degrees 07 minutes 50 seconds West from the point of beginning; thence South 07 degrees 07 minutes 50 seconds East 907 feet more or less to the point of beginning.

Containing 17.1 acres more or less. Subject to an existing township road easement of record over part of the southeasterly portion thereof.

Parcel B:

That part of the Northwest Quarter of the Northeast Quarter, Section 15, Township 127 North, Range 39 West, Douglas County, Minnesota, described as follows:

Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence on a record bearing of South 00 degrees 07 minutes 02 seconds West along the west line of said Northwest Quarter of the Northeast Quarter a distance of 280.51 feet to the south line of the north 17 rods of said Northwest Quarter of the Northeast Quarter, said point being the point of beginning of the land to be described; thence continuing South 00 degrees 07 minutes 02 seconds West along said west line 379.52 feet to the northwest corner of BLACKWELL WOODS, according to the recorded plat thereof; thence South 89 degrees 24 minutes 09 seconds East along the north line of said BLACKWELL WOODS 329.99 feet to the northeast corner of said BLACKWELL WOODS; thence South 00 degrees 07 minutes 02 seconds West along the east line of said BLACKWELL WOODS 192.83 feet; thence North 37 degrees 53 minutes 28 seconds East 42.58 feet; thence North 45 degrees 15 minutes 45 seconds East 154.37 feet; thence northeasterly along a tangential curve concave to the southeast, central angle 07 degrees 46 minutes 55 seconds, radius 2205.39 feet, arc distance 299.54 feet; thence North 53 degrees 02 minutes 40 seconds East along tangent 378.26 feet to the intersection with the said south line of the north 17 rods of the Northwest Quarter of the Northeast Quarter; thence North 89 degrees 24 minutes 09 seconds West along said south line a distance of 993.35 feet to the point of beginning.

Containing 6.91 acres more or less. Subject to an existing easement for township road purposes over and across the southeasterly portion thereof.

The object of this action is to obtain the judgment of said Court determining the Plaintiffs’ title and all adverse claims to the above-described tract of land, adjudging that the Plaintiffs are the owners in fee simple absolute and entitled to possession of said tract of land and the whole thereof, adjudging that the Defendants in said action and each of them have no right, title, claim or estate in or to said tract of land or lien thereon and adjudging such other relief as the Court shall deem proper.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the defendants.

Dated: September 11, 2012

LEUTHNER & HUETHER, LTD.

/s/ William J. Leuthner, #62467

Attorney for Plaintiffs

218 3rd Avenue East, Suite 102

Alexandria, MN 56308

(320) 762-0259

1577780

Tags: legals