STATE OF MINNESOTA
COUNTY OF HOUSTON
IN DISTRICT COURT
THIRD JUDICIAL DISTRICT
Court File No. 28-CV-16-583
Case Type: Other, Civil;
(Quiet Title Action)
Aaron Augedahl and Paula Augedahl,
Benjamin L. Erwin aka B.L. Erwin aka Benjamin Erwin; Miriam E. Erwin aka Miriam Erwin; Carol M. Erwin; Carol M. Erwin Childrens Trust dated April 2, 2002; Maria Christina Virginia Erwin aka Maria Cristina Virginia Erwin; Ruth Ann Miriam Erwin; Bette Jane Erwin; Kathryn Mildred Haggerty aka Mildred Haggerty; F. Neil Haggerty aka Neil F. Haggerty; and all other parties unknown claiming any right, title, estate, interest, or lien upon or in the real estate described in the Complaint herein,
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 with the Houston County District court Administrator.
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 of first publication this Summons. You must send a copy of your Answer to the person who signed this Summons, located at 251 W. Broadway, P.O. Box 426, Plainview, MN 55964.
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 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 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 Houston County, Minnesota legally described as follows:
See Exhibit A attached hereto and made a part hereof.
Real property in Houston County, Minnesota, legally described as follows:
The North 150 feet of the following described real estate:
That portion of Section 24, Township 103 North of Range 4 West described as follows:
Beginning at the northeast corner of Lot 82 of Wests Addition (now vacated) to the City (formerly Village) of Brownsville; thence running in a westerly direction along the northerly lines of Lots 82, 88, and 130 of said Wests Addition to the westerly boundary of said Addition; thence southerly along the westerly boundary of said Addition to a point 25 feet from the southwest corner of Lot 117 of said Addition; thence in an easterly direction parallel with the southerly line of said Lot 117 and through the centerlines of Lots 17 and 11 to the East line of Lot 11; thence northerly along the West line of Front Street to the place of beginning. Subject to the easements of public streets or highways now existing on said premises.
Together with a perpetual easement over and across the land of grantors on an 8.00 foot wide strip of land, being part of the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section 24, Township 103 North, Range 4 West, Houston County, Minnesota. The centerline of said strip is described as follows: Commencing at the Southwest corner of said Section 24; thence North 01deg.1239 West, oriented with the Houston County Coordinate System, NAD83, 1996 adjustment (HARN) along the West line of the Southwest Quarter (SW1/4) of said Section 24, a distance of 1,787.00 feet; thence North 88deg.4721 East, a distance of 536.02 feet to the point of beginning of the centerline to be described; thence North 23deg.2954 West, a distance of 83.66 feet; thence North 13deg.4330 West, a distance of 47.46 feet; thence North 07deg.1513 West, a distance of 31.86 feet to the Southerly line of the Aaron and Paula Augedahl property described in the Trustees Deed recorded as Houston County Document No. A282187, and there terminating.
The side lines of said easement are to be prolonged or shortened to terminate at the Westerly right-of-way line of State Trunk Highway No. 26 and at the Southerly line of the said Augedahl property.
The object of this action is to obtain a judgment that Plaintiffs are the owners, in fee simple, of the above-described real property and that none of the said Defendants have any estate or interest therein or lien thereon.
This is an action to determine title to real estate. No personal claim is made against any Defendant.
Dated this 20th day of September, 2016. /s/ Steven L. Erwin
Steven L. Erwin; #2756X
Attorney for Plaintiffs
251 W. Broadway, P.O. Box 426
Plainview, MN 55964
Telephone: (507) 534-3828
The Caledonia Argus
September 28, October 5, 12, 2016