Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
508.77 PARTIES DEFENDANT; JUDGMENT; EXECUTION.
If such action is brought to recover any loss or damage occasioned solely by the registration
of such land, or solely by the registration of any other person as the owner thereof, or if such
action be brought for the recovery of any loss or damage occasioned solely by the omission,
mistake or misfeasance of the registrar or the registrar's deputy, or of any examiner or of any
court administrator, or a deputy of the court administrator or examiner, in the performance of
their respective duties, the commissioner of finance, in the commissioner's official capacity, shall
be the sole defendant. If such action be brought to recover for any loss or damage occasioned
either wholly, or in part, by the fraud or wrongful act of some person other than the officers
herein named, or to recover for any loss or damage caused jointly by the fraud or wrongful act,
and by the omission, mistake or misfeasance of the officers above named, or any of them, and
of some other person, the commissioner of finance, in the commissioner's official capacity, and
such other person shall be joined as defendants therein. In any action where there are defendants
other than the commissioner of finance, no execution shall issue against such commissioner of
finance until execution against all other defendants against whom judgment has been recovered
has been returned unsatisfied, either in whole or in part. An officer returning such execution shall
certify thereon that the amount still due upon the execution cannot be collected from them.
Thereupon the court, being satisfied as to the truth of the return, shall order the commissioner of
finance to pay the amount due upon such execution out of the general fund. The attorney general
or, at the request of either the attorney general or the board of county commissioners of the county
in which the land or a major part of it lies, the county attorney of that county shall defend the
commissioner of finance in all such actions.
History: (8323) RL s 3445; 1905 c 305 s 75; 1980 c 543 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s
82; 1Sp1989 c 1 art 11 s 6; 2003 c 112 art 2 s 50
If such action is brought to recover any loss or damage occasioned solely by the registration
of such land, or solely by the registration of any other person as the owner thereof, or if such
action be brought for the recovery of any loss or damage occasioned solely by the omission,
mistake or misfeasance of the registrar or the registrar's deputy, or of any examiner or of any
court administrator, or a deputy of the court administrator or examiner, in the performance of
their respective duties, the commissioner of finance, in the commissioner's official capacity, shall
be the sole defendant. If such action be brought to recover for any loss or damage occasioned
either wholly, or in part, by the fraud or wrongful act of some person other than the officers
herein named, or to recover for any loss or damage caused jointly by the fraud or wrongful act,
and by the omission, mistake or misfeasance of the officers above named, or any of them, and
of some other person, the commissioner of finance, in the commissioner's official capacity, and
such other person shall be joined as defendants therein. In any action where there are defendants
other than the commissioner of finance, no execution shall issue against such commissioner of
finance until execution against all other defendants against whom judgment has been recovered
has been returned unsatisfied, either in whole or in part. An officer returning such execution shall
certify thereon that the amount still due upon the execution cannot be collected from them.
Thereupon the court, being satisfied as to the truth of the return, shall order the commissioner of
finance to pay the amount due upon such execution out of the general fund. The attorney general
or, at the request of either the attorney general or the board of county commissioners of the county
in which the land or a major part of it lies, the county attorney of that county shall defend the
commissioner of finance in all such actions.
History: (8323) RL s 3445; 1905 c 305 s 75; 1980 c 543 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s
82; 1Sp1989 c 1 art 11 s 6; 2003 c 112 art 2 s 50
Official Publication of the State of Minnesota
Revisor of Statutes