STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

Case Type:  Quiet Title Action

Court File No. 61-CV-24-469

SUMMONS

Jordan Smith, 

Plaintiff,

vs.

James Smith, a/k/a James D. Smith, Agnes Smith, a/k/a Agnes M. Smith, and all of the unknown heirs of the foregoing defendants and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

_________________________

THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS.

1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons. Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons. 

2. You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer.  Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint. 

ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.gov/forms under the “Civil” category.  The instructions will explain in detail how to fill out the Answer form.

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 think the Plaintiff should not be given everything they asked for in the Complaint, you must say that in your Answer.

4. You may lose your case if you do not send a written response to the Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in their Complaint. If you agree with the claims stated in the Complaint, you don’t need to respond. A default judgment can than be entered against you for what the Plaintiff asked for in the Complaint.

To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address:

FLUEGEL, ANDERSON, 

MCLAUGHLIN, & BRUTLAG,

CHARTERED

Jason G. Lina

Attorney for Plaintiff

215 Atlantic Plaza, PO Box 527

Morris, MN  56267

5. Carefully read the Instructions (CIV301) for the Answer for your next steps. 

6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attorney and would like legal help:

• Visit www.mncourts.gov/selfhelp and click on the “Legal Advice Clinics” tab to get more information about legal clinics in each Minnesota county. 

• Court Administration may have information about places where you can get legal assistance.

NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights or you may lose the case.

7. Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR.

8. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Pope County, Minnesota, described as follows:

The Northeast Quarter of the Northeast Quarter (NE1/4-NE1/4), Section Twenty-seven (27), Township One Hundred Twenty-three (123) North, Range Forty (40) West containing forty (40) acres, more or less;

AND

That portion of the Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) and the Northeast Quarter of the Northwest Quarter (NE1/4-NW1/4) of said Section Twenty-seven (27) of Township One Hundred Twenty-three (123) North of Range Forty (40) West described as follows:  Commencing at a point on the East line of the Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) of said Section Twenty-seven (27) which is Three Hundred Forty Feet (340’) north of the Southeast corner of said Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4); thence west on a line parallel with the north line of said Section Twenty-seven (27) a distance of One Thousand Seven Hundred Seventy-eight Feet (1,778’); thence north on a line parallel with the West line of said Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) to the North line of said Section Twenty-seven (27); thence East along the North line of said Section Twenty-seven (27) a distance of One Thousand Seven Hundred Seventy-eight Feet (1,778’) more or less to the Northeast corner of said Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4); thence South on the East line of said Northwest Quarter of the Northeast Quarter (NW1/4-NE1/4) to the point of beginning, containing 40 acres more or less;

The object of this action is to obtain the judgment of said Court determining the Plaintiff’s title and all adverse claims to the above-described tract of land, adjudging that the Plaintiff is the owner in fee simple absolute and entitled to possession of said tracts of land and the whole thereof, adjudging that the Defendants in said action and each of them have no right title, claim, or estate to said tract of land or lien thereon and adjudging such other relief as the Court shall deem proper.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.

Dated:  December 18, 2024

FLUEGEL, ANDERSON, 

MCLAUGHLIN & BRUTLAG, 

CHARTERED

By /s/ Jason G. Lina

Jason G. Lina, #0347541

Attorney for Plaintiff

215 Atlantic Avenue, PO Box 527

Morris, MN 56267-0527

T (320) 589-4151; F (320) 589-4154

jlina@fluegellaw.com

March 10, 17, 24