STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

CIVIL DIVISION

COURT FILE NO. 61-CV-23-134

– QUIET TITLE ACTION –

Michael J. Swartz,

Plaintiff,

vs.

Knud Anderson, Matilda Anderson, Christopher Anderson, Henry Saltonstall, Isaac Abrahamson, Anne Abrahamson, Hans P. Moe, Christopher Johnson Gorder, Johannes P. Krogen, Charles L. Flint, Nils P. Moe, Hogen H, Moe, M.A. Wollan, Hilma Wollan, William C. Vollrath, Maria J. Krogen, Clara Josephine Moen, Mathias E. Moen, Julius Krogen, Anna Krogen, Selma Moum, Adolph Moum, Pauline Olson, J.J. Olson, Anna Woods, Monte Woods, Mena Sigurdson, Sigurd Sigurdson, Stella Sjule, Ray Sjule, Lloyd Krogen, Edith Krogen, Victoria Krogen Gillies, Alex Gillies, Margaret Krogen Skarphol, Bennie M. Skarphol, Clarice Wall, Selmer Wall, William C. Vollrath, Agnes Vollrath, Earl W. Schmidt, Floyd M. Torguson, Ann Torguson, Jane M. Dingwall, Carl W. Schmidt, Timothy L. Torguson, AKA Timothy Lee Torguson, Larry Torguson, Marlin F. Torguson, Barbara J. Torguson, Linda Lee Torguson, Larry Torguson, Gayla Torguson, also the unknown heirs of the above-named Defendants, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

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SUMMONS

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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 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 at 605 S Lakeshore Dr., Glenwood, MN 56334.

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 to 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. ALTERNATE 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 alternate means of resolving this dispute.

7. This lawsuit may affect or bring into question title to real property located in Pope County, Minnesota, legally described as follows:

EXHIBIT “A”

Government Lot 3 of Section 15, Township 125, Range 38, Pope County, Minnesota, except the following tract:

Commencing at the Northwest corner of said Government Lot 3;

thence East 60 rods;

thence South 13 and 1/3 rods;

thence West 60 rods; 

thence North 13 1/3 rods to place of beginning.

Also, that part of Government Lot 3, Section 15, Township 125 North, Range 38 West, Pope County, Minnesota, described as follows:

Commencing at the northwest corner of said Government Lot 3;

thence on an assumed bearing of North 90 degrees 00 minutes 00 seconds East along the north line of said Government Lot 3 a distance of 198.00 feet to the point of beginning of the land to be described;

thence continuing North 90 degrees 00 minutes 00 seconds East along said north line 792.00 feet;

thence South 00 degrees 21 minutes 09 seconds West 220.00 feet;

thence South 90 degrees 00 minutes 00 seconds West 792.00 feet;

thence North 00 degrees 21 minutes 09 seconds East 220.00 feet to the point of beginning.

Containing 4.00 acres more or less. Subject to an existing township road easement of record over the northerly portion thereof.

ALSO, a tract of land from the Northwest Quarter of the Northwest Quarter (NW¼NW¼), Section 15, Township 125, Range 38, Pope County, Minnesota, described as follows:

Commencing 4 rods North of the Southeast corner of the Northwest Quarter of the Northwest Quarter, Section 15;

thence North 10 rods;

thence West 16 rods;

thence South 10 rods;

thence East 16 rods to the place of beginning, said tract being also described as Lot 9 of Auditor’s Subdivision of the Northwest Quarter of the Northwest Quarter, said Section, Township and Range.  

All that part of Lot 8 of County Auditor’s Subdivision of the Northwest Quarter of the Northwest Quarter, Section 15, Township 125, Range 38, Pope County, Minnesota, described as follows:

Commencing at the northeast corner of Lot 8;

thence South along the east line of said Lot 8, 100 feet;

thence West 264 feet;

thence North 100 feet;

thence East 264 feet along the north line of said Lot 8 to the point of commencement.

ALTERNATIVE DISPUTE RESOLUTION PROCESS

MINNESOTA STATUTE §543.22 REQUIRES US TO PROVIDE YOU WITH A STATEMENT CONTAINING INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION PROCESSES AS SET FORTH IN MINNESOTA GENERAL RULES OF PRACTICE (MGRP).  PARTIES TO A CIVIL ACTION ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM.

Dated this 24th day of April, 2023.

OBENLAND & NELSON

Attorneys for Plaintiff(s)

605 South Lakeshore Drive,

Suite 1000

Glenwood, Minnesota 56334

(320) 634-4581

By: Neil T. Nelson

Neil T. Nelson, #0388073

May 1, 8, 15