NUSSBAUMER v. FETROW

No. C3-96-1402.

556 N.W.2d 595 (1996)

Walter K. NUSSBAUMER, et al., Appellants, v. John P. FETROW, et al., R & D Enterprises, Inc., Respondents, Ray N. Welter Heating Co., et al., Defendants, Tipar Investments, Respondent.

Court of Appeals of Minnesota.

Review Denied February 26, 1997.


Attorney(s) appearing for the Case

James A. Beitz, Michael C. Hagerty, Hagerty, Johnson, Albrightson & Beitz, P.A., Minneapolis, for appellants Walter K. Nussbaumer, et al.

Steven H. Berndt, Hance & Iverson, Ltd., Fridley, for respondents John P. Fetrow, et al.

John E. Daubney, St. Paul, for respondent R & D Enterprises, Inc.

William E. Dessert, New Brighton, for respondent Tipar Investments.

Considered and decided by SHORT, P.J., and RANDALL and DAVIES, JJ.


OPINION

SHORT, Judge.

In this quiet title action, vendees of real property under unrecorded deeds claimed their property interest was superior to that of the judgment lien creditors of the record owner of the property. On appeal, the vendees argue the trial court erred in finding the judgment lien creditors' interests superior, and in concluding the vendees could not collaterally attack the original judgments.

FACTS

In 1992, Kiewel and...

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