WEBER v. EISENTRAGER

No. C7-92-373.

498 N.W.2d 460 (1993)

Grace E. WEBER, f/k/a Grace Eva Diggins, et al., Petitioners, Appellants, v. Roy EISENTRAGER, Respondent.

Supreme Court of Minnesota.

April 16, 1993.


Attorney(s) appearing for the Case

Terence L. Meany, Leighton, Meany, Cotter & Enger, Ltd., Austin, for Mary E. Peters.

Bryan J. Baudler, Baudler, Baudler, Maus & Blahnik, Austin, for Grace E. Weber.

David V. Hoversten, Hoversten, Strom, Johnson & Rysavy, Austin, for respondent.

John R. Carroll, Best & Flanagan, Minneapolis, Larry M. Wertheim, Holmes & Graven, Minneapolis, Franklin Michaels, Michaels, Seeger, Rosenblad & Arnold, Rochester, Charles H. Andresen, Crassweller, Magie, Andresen, Haag & Paciotti, P.A., Duluth, Richard Edblom, Hennepin County Examiner of Titles, Minneapolis, Charles L. Horn, Minneapolis, James A. Dueholm, Faegre & Benson, Minneapolis, amicus.

Heard, considered, and decided by the court en banc.


GARDEBRING, Justice.

This case involves competing claims for ownership of property located in Mower County. The issue in this case is whether the application of the Marketable Title Act can bar the claim of those holding vested remainder interests when the party in possession has a source of title more than 40 years old that came from a strawperson who in turn received his interest from the holder of a life estate.

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