IN RE COLLIER

No. A05-1178.

726 N.W.2d 799 (2007)

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.

Supreme Court of Minnesota.

February 1, 2007.


Attorney(s) appearing for the Case

Allen E. Christy, Jr., Timothy J. Grande, Joanne Horwood Turner, Mackall, Crounse & Moore, PLC, Minneapolis, MN, for Appellant.

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

John G. Westrick, Kirk M. Anderson, Westrick & McDowall-Nix, PLLP, St. Paul, MN, for Respondent Collier.

Edward A. Bock, Jr., Kimball Foster, Beth Asmunsen, Matthew Foli, Minneapolis, MN, for Amicus Curiae Hennepin Cty. Exam. of Titles.

Heard, considered, and decided by the court en banc.


OPINION

ANDERSON, PAUL H., Justice.

Joshua Collier purchased a parcel of Torrens property with the knowledge that M & I Bank FSB had an unregistered mortgage and purchase interest in the property. After purchasing the property, Collier filed a petition in Ramsey County District Court, seeking an adjudication and declaration of rights in the property. Collier's petition named M & I as a party. M & I moved for summary judgment, and the district...

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