James P. Tillmann and Tyler R. Currie, summonsPublished 12:28pm Wednesday, February 13, 2013
(First Publication February 6, 2013)
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
(Other Civil – Reformation/
James P. Tillmann and Tyler R. Currie
Wilhelm O. Asseln, Will O. Asseln, W. O. Asseln, Nell L. Asseln, Margaret Hooten, Iver D. Leidal, Helen Leidal Tobin, Belle Leidal, Henry Leidal, Robert A. Wickersham, R. A. Wickersham, Mabeth S. Wickersham, Virginia Kirscht, Diane Wilson, Susan Davenport, Northwestern National Bank of Minneapolis, as Trustee of the Robert A. Wickersham Trust for Mabeth S. Wickersham and the Robert A. Wickersham Trust; and the unknown spouses, the unknown heirs, administrators, executors, successors, devisees, legatees, assigns, and personal representatives of any kind of Wilhelm O. Asseln, Will O. Asseln, W. O. Asseln, Nell L. Asseln, Margaret Hooten, Iver D. Leidal, Helen Leidal Tobin, Belle Leidal, Henry Leidal, and all of the persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at:
321 Dakota Avenue
P.O. Box 38
Wahpeton, ND 58074
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Otter Tail County, State of Minnesota, legally described as follows:
All that part of Government Lots Three (3) and Four (4), Section Twenty-three (23), Township One Hundred Thirty-Four (134), Range Forty (40), Otter Tail County, Minnesota, described as follows:
Commencing at the West Quarter corner of said Section Twenty-three (23); thence on an assumed bearing of South along the West line of said Section Twenty-three (23), a distance of 1,271.22 feet; thence North 78°40’50″ East a distance of 528.04 feet; thence North 77°22’24″ East a distance of 176.71 feet; thence North 73°57’46″ East a distance of 1,828.03 feet; thence North 77°54’57″ East a distance of 34.84 feet to the point of beginning of the land to be described; thence North 77°54’57″ East a distance of 94.74 feet; thence South 11°40’33″ East a distance of 255.00 feet more or less to the shoreline of Otter Tail Lake; thence southwesterly along said shoreline to the intersection with a line which bears South 12°41’09″ East from the point of beginning; thence North 12°41’09″ West a distance of 258.00 feet more or less to the point of beginning.
All that part of Government Lot Four (4), Section Twenty-three (23), Township One Hundred Thirty-four (134), Range Forty (40), Otter Tail County, Minnesota described as follows:
Commencing at Government Meander Corner No. 23 on the West line of Government Lot Five (5) of said Section Twenty-three (23); thence on an assumed bearing of North on the West line thereof for a distance of 407.82 feet; thence North 78°38’08″ East a distance of 528.59 feet; thence North 77°29’34″ East a distance of 167.94 feet; thence North 73°58’40″ East a distance of 1828.29 feet; thence North 78°21’03″ East a distance of 35.37 feet to the point of beginning of the land to be described; thence continuing North 78°21’03″ East a distance of 95.30 feet; thence North 11°40’33″ West a distance of 372.40 feet to the intersection with a line to be hereinafter referred to as Line “A”; thence North 71°20’57″ West along said Line “A”, a distance of 119.24 feet to the intersection with a line which bears North 12°41’09″ West from the point of beginning; thence South 12°41’09″ East a distance of 432.63 feet to the point of beginning;
Line “A” is described as follows: Commencing at the Northwest corner of said Government Lot Five (5); thence on an assumed bearing of South on the West line thereof for a distance of 274.94 feet; thence North 89°28’08″ East 1375.71 feet to he point of beginning of the line to be described; thence North 79°29’55″ East a distance of 801.56 feet; thence South 71°20’57″ East a distance of 493.25 feet and there terminating.
NOTICE IS FURTHER GIVEN that the object of this action is to obtain an order reforming the deeds recorded with the Otter Tail County Recorder as Document Nos. 896755, 896756 and 965969, in order to correct a mutual mistake in the legal descriptions contained in those deeds.
The object of said action is to obtain a judgment declaring that plaintiff, Tyler R. Currie, is the owner in fee of the property described above, subject only to the interest of Merchant Bank pursuant to the Mortgage dated December 1, 2009, recorded in the office of the Otter Tail County Recorder on December 4, 2009 as Document No. 1067506, and that the defendants, and each of them, have no right, title, estate, interest, or lien in or upon the said real estate.
NOTICE IS FURTHER GIVEN that no personal claim is made by the Plaintiffs against any of the Defendants.
Dated this 23rd day of January, 2012.
SMITH, STREGE & FREDERICKSEN, LTD.
321 Dakota Avenue
P.O. Box 38
Wahpeton, North Dakota 58074
Fred Strege Fred Strege
Attorney for Plaintiff
Minnesota ID #106392
Publication Dates: February 6, 13, 20, 2013.