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Published November 09, 2012, 12:00 AM

1584598 Summons - QUT

Summons

Publish October 26, November 2, 9, 2012

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE NO. 21-CV-12-1683

Scott M. Wagner and Kristine M. Wagner, husband and wife,

Plaintiffs,

vs.

John Nyquist; Johanna Erickson, formerly Johanna Peterson, and H. L. Erickson, wife and husband; unknown heirs of Sarah Norin; Johan Johnson; Erick Erickson; unknown heirs of Aasta Erickson; Alma Anderson and Albert S. Anderson, wife and husband; Erick Erickson and Hilda Erickson, husband and wife; unknown heirs of Ludvig Erickson, a/k/a Ludwig Erickson, a/k/a Ludvig H. Erickson; Carl Erickson and Evangeline Erickson, husband and wife; unknown heirs of Ulrika Peterson; unknown heirs of Emil Peterson; Les W. Johnson, a/k/a Leslie W. Johnson; Gardonville Cooperative Telephone Association; Marshall Keith Anderson; Bremer Bank, National Association; Pamela K. Roers; Harold Carlstrom and Carolyn Carlstrom, husband and wife; Gary C. Halvorson; 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 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:

710 Broadway, P.O. Box 787, 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 Plaintiffs 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:

That part of Government Lot 8, Section 7, Township 129 North, Range 38 West, Douglas County, Minnesota, described as follows:

Commencing at the southwest corner of said Government Lot 8;

thence on an assumed bearing of South 89 degrees 43 minutes 02 seconds East along the south line of said Government Lot 8, a distance of 320 feet, more or less to the intersection with the original government meander line and this to be the point of beginning of the land to be described;

thence reversing North 89 degrees 43 minutes 02 seconds West along said south line, 320 feet, more or less to said southwest corner of Government Lot 8;

thence North 00 degrees 17 minutes 53 seconds East along the west line of said Government Lot 8 a distance of 1055.98 feet;

thence South 89 degrees 43 minutes 02 seconds East 1333.30 feet to the east line of said Government Lot 8;

thence South 00 degrees 05 minutes 48 seconds East along said east line 682 feet more or less to the intersection with the original government meander line;

thence continuing South 00 degrees 05 minutes 48 seconds East 374 feet more or less to the intersection of a line bearing South 89 degrees 43 minutes 02 seconds East from the point of beginning;

thence North 89 degrees 43 minutes 02 seconds West 1021 feet, more or less to the point of beginning.

Containing 32.41 acres more or less.

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 thereof.

Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.

Dated this 22nd day of October, 2012.

SWENSON LERVICK

SYVERSON TROSVIG

JACOBSON SCHULTZ, P.A.

By /s/ Gary I. Syverson

Attorneys for Plaintiffs

710 Broadway, P.O. Box 787

Alexandria, MN 56308

(320) 763-3141

Atty. Registration #108133

1584598

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