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ROOD v. GIBAS

No. 34,936.

229 Minn. 73 (1949)

IN RE APPLICATION TO REGISTER TITLE TO REAL ESTATE. HEIRS OF OTTO ROOD v. ANDREW D. GIBAS AND OTHERS. OTTO L. ROOD, APPELLANT.

Supreme Court of Minnesota.

June 17, 1949.

Attorney(s) appearing for the Case

Marshall S. Snyder, for appellant.

Thomas Tallakson and Karl F. Diessner, for respondents.

MATSON, JUSTICE.

Appeal by a mortgagee of record from a default judgment and decree in land title registration proceedings.

The sole issue is whether, in title registration proceedings, the trial court exceeded its jurisdiction by granting relief in excess of that demanded in the application when it adjudicated a mortgage of a nonanswering defendant to have been executed without consideration and to have been satisfied...

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