IN RE COLLIER

No. A05-1178.

711 N.W.2d 826 (2006)

In the Matter of the Petition of Joshua S. COLLIER, in Relation to Property Registered in Certificate of Title No. 1596547 for an Order Directing Entry of a New Certificate and Declaratory Relief.

Court of Appeals of Minnesota.

April 4, 2006.


Attorney(s) appearing for the Case

John G. Westrick, Kirk M. Anderson, Westrick & McDowall-Nix, P.L.L.P., St. Paul, MN, for appellant Joshua Collier.

Timothy J. Grande, Katheryn A. Gettman, Joanne H. Turner, Mackall, Crounse & Moore, P.L.C., Minneapolis, MN, for respondent M & I Bank.

Arthur D. Walsh, A.D. Walsh & Associates, Woodbury, MN, for respondent Dennis Wager.

Considered and decided by LANSING, Presiding Judge; GORDON SHUMAKER, Judge; and HALBROOKS, Judge.


OPINION

HALBROOKS, Judge.

Appellant challenges the district court's grant of respondent's motion for summary judgment based on its finding that appellant's interest is junior to respondent's interest. Appellant argues that, although he had actual knowledge of respondent's unregistered interest in Torrens property, because respondent's interest was not registered, it did not bind or affect the land and merely served as a private contract. Because respondent...

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