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ESTATE OF KOESTER v. HALE

No. 43888.

211 N.W.2d 778 (1973)

In re Petition of Estate of Laura Gill Koester to Vacate and Set Aside Order and Decree of Title Registration. ESTATE of Laura C. Gill KOESTER, by William R. Gill, Executor, et al., Respondents, v. Maxine HALE, Formerly Known as Maxine B. Troolin and Murray M. Hale, Husband and Wife, Appellants, Anna Cate, Treasurer of Rice County, Defendant.

Supreme Court of Minnesota.

October 19, 1973.

Attorney(s) appearing for the Case

Popham, Haik, Schnobrich, Kaufman & Doty, Rolfe A. Worden and Gary R. Macomber, Minneapolis, Grundhoefer & Luedtke, and Marvin L. Grundhoefer, Northfield, for appellants.

McMenomy, Hertogs & Fluegel and Edward B. McMenomy, Rosemount, for respondents.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and KELLY, JJ.

ROGOSHESKE, Justice.

These proceedings involve the title to 10 acres of rural land, which will be here referred to as the "disputed tract," title to which was registered in 1951 pursuant to Minn.St. c. 508 by one of defendant Maxine B. Hale's predecessors in title. The first proceeding was an application to vacate and set aside the order and decree of title registration; the second was an action seeking to impress a trust in favor of the plaintiffs upon the disputed...

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