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Minnesota Legislature

Office of the Revisor of Statutes

508.26 OPENING DECREE.

Any person having any right, title, or interest in or lien upon the land upon whom the summons has not been actually served, and who had no notice or knowledge of the filing of the application or of the pendency of such proceeding prior to the entry of the decree therein, may at any time within 60 days after the entry of such decree, and not afterwards, file a duly verified petition setting forth such facts and praying for leave to file an answer therein. If the court is satisfied of the truth of the matter set forth in such verified petition, it shall make an order permitting such petitioner to answer the application. Upon the filing of such answer, and upon not less than ten days' notice to the applicant, and to such other persons or parties as the court may order, and in such manner as it may direct, the court shall proceed to review the case, and, if satisfied that its decision or decree ought to be opened, it shall so order. Thereupon the court shall proceed to hear and try the case de novo and to make such further order, decision, or decree therein as shall be according to equity.

History:

(8272) RL s 3394; 1905 c 305 s 25; 1986 c 444