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FIDELITY AND DEPOSIT CO. OF MARYLAND v. RIOPELLE

No. 44025.

216 N.W.2d 674 (1974)

In re Petition of Fidelity and Deposit Company of Maryland for New Certificate of Title, etc. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. Wilfred J. RIOPELLE, Respondent.

Supreme Court of Minnesota.

March 1, 1974.

Attorney(s) appearing for the Case

Lang & Pauly and William W. Warren, Minneapolis, for appellant.

Hamerston, Bye, Mitchell & Agnew and Jerome P. Agnew, Duluth, for respondent.

Heard before KNUTSON, C. J., and OTIS, PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court.

TODD, Justice.

Petitioner, a creditor-purchaser under an execution sale, appeals from a denial of its application for a new certificate of title. The lower court held the certificate of sale was void because of an improperly dated notice of levy and improper posting of notice of sale. We reverse.

Petitioner obtained judgment in the sum of $99,866.93, plus $18,234.02 attorneys' fees and costs, against objector-respondent on August 22, 1968, in the United States...

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