brances, and to determine their priority, as above provided, or those herein authorized to determine the rights of parties to funds paid into court, shall not delay the sale, nor affect any other party whose rights are not involved in such proceedings. § 21. Claims to proceeds of sale, how determined. When the proceeds of sales of any shares or parcels, belonging to persons who have become parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the court; further testimony may be taken in court, or by a referee, at the discretion of the court; and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an original action. § 22. Sale, how made-notice. All sales of real property made by referees, under this chapter, shall be made by public auction, to the highest bidder for cash, upon notice published in the manner required for the sale of real property on execution; the notice shall state the terms of the sale, and, if the property, or any part of it, is to be sold subject to a prior estate, charge, or specific lien, that shall be stated in the notice. § 23. Estates for life or years may be set off or sold. When the estate of a tenant in dower, or by the curtesy, or for life or years, in the whole or any part of the property in question, has been admitted by the parties, or ascertained by the court, to be existing at the time of the order for sale, and the person entitled to such estate has been made a party to the action, such estate may be first set off out of any part of the property, and a sale nade of such parcel, subject to the prior unsold estate of such tenant therein; but if, in the judgment of the court, a due regard to the interest of all the parties requires that such estate be also sold, the sale may be so ordered. § 24. Sale passes such estates, when. If a sale of the property, including such estate, is ordered, the estate and interest of every such tenant or person passes thereby: and the purchaser, his heirs and assigns, shall hold the property discharged from all claims by virtue of such estate or interest, whether the same relate to the individual share of a joint tenant, or tenant in common, or to the whole or any part of the property sold. § 25. Gross sum allowed for dower, etc. The persons entitled to such estate in dower, tenancy by curtesy, or tenancy for life or years, whose estate has been sold, are entitled to receive such sums in gross as may be deemed, upon principles of law applicable to annuities, a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument under seal, duly acknowledged or proved in the same manner as deeds for the purpose of record. § 26. Same-amount, how ascertained. If such consent is not given at or before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, deducting expenses, will be a just and reasonable sum to be invested for the benefit of the person entitled to such estate in dower, by the curtesy, or for life, and order the same to be deposited in court for that purpose. $27. Proportions of proceeds to be invested, how determined. The proportions of the proceeds of the sale to be invested, shall be ascertained and determined in the several cases, as follows: First. If an estate in dower is included in the order of sale, its proportion shall be one-third of the proceeds of the sale of the property, or of the sale of the individual share in such property, upon which the claim of dower existed; Second. If an estate by the curtesy, or other estate for life or years, is included in the order of sale, its proportion shall be the whole proceeds of the sale of the property, or of the sale of the individual share thereof in which such estate may be. And in all cases the proportion of the expenses of proceedings shall be deducted from the proceeds of the sale. $23. Court to protect rights of parties unknown. If the persons entitled to such estate in dower, by the curtesy, or for life or years, are unknown, the court shall provide for the protection of their rights, in the same manner, as far as may be, as if they were known and had appeared. § 29. Inchoate right of dower and future estates. In all cases of sales in partition, when it appears that a married woman has an inchoate right of dower in any of the property divided or sold, or that any person has a vested or contingent future right or estate therein, the court shall ascertain and settle the proportional value of such inchoate, contingent or vested right or estate, according to the principles of law applicable to annuities and survivorships, and direct such proportion of the proceeds of the sale to be invested, secured or paid over, in such manner as to protect the rights and interests of the parties. § 30. Wife may release dower-payment to husband. A married woman may release such right, interest or estate to her husband, and acknowledge the same, in the manner required by law in respect to the acknowledgment of deeds by married women, before any officer authorized to take acknowledgment of deeds, or, if executed out of this state, before any officer residing in the state, territory, district or county where the acknowledgment is made, who is authorized to take the acknowledgment of deeds, to be recorded in this state. Upon the release, the share of the proceeds of the sale arising from her contingent interest shall be paid to her husband; and the release, or the payment, investment, or otherwise securing of a share of the proceeds of a sale, shall be a bar against such right, estate or claim. § 31. Terms of sale announced-lots sold separately. The terms of the sale shall be made known at the time; and if the premises consist of distinct farms or lots, they shall be sold separately. § 32. Persons forbidden to purchase-sale void, when. Neither of the referees, nor any person for the benefit of either of them, can be interested in the purchase, nor can a guardian of an infant party be interested in the purchase of any real property, being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions of this section are void. $33. Referees to report sale-report to be filed. After completing the sale, the referees shall report the same to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale; the report shall be filed in the office of the clerk of the district court of the county where the property is situated. § 34. Order on confirmation of report-conveyances. If the sale is confirmed by the court an order shall be entered, directing the referees to execute conveyances, which they are authorized to do; such order may also give directions to them respecting the disposition of the proceeds of the sale. $35. Purchase by part-owner or lien-holder. When a party entitled to a share of the property, or an incumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him, and shall also pay over to the plaintiff or his attorney, and take his receipt for, the costs and charges of the action. § 36. Record and effect of conveyance. The conveyance shall be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who have been named as parties in the action, and against all such parties and persons as were unknown, if the summons has been properly served, and against all persons claiming from them or either of them. § 37. Conveyance to bar liens on undivided interests, when. The conveyances shall also be a bar against all persons having specific or general liens or incumbrances, by judgment, on any undivided share or interest in the premises sold, or who have been served with notice, as prescribed by section eighteen; and also against all persons having specific liens of any undivided share or interest therein, who have been made parties to the action; but no creditor having such specific lien can be affected by the sale or conveyance, unless he has been made a party. $38. Disposal of proceeds belonging to unknown owner, etc. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant in dower, or by the curtesy, or tenant for life or years, which are paid into court or deposited with an officer, by order of the court, the same shall be invested in securities, on interest, for the benefit of the persons entitled thereto. $39. Same-investment, how made. When an investment of any such proceeds is made it shall be done, except as herein otherwise provided, in the name of the clerk of the district court of the county where the papers are filed, and his successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court. § 40. Same-clerk to receive interest and file securities. The clerk by whom an investment is made, and his successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and shall file, in his office, all securities taken, and keep an account-book, provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him thereon, and the disposition thereof. $ 41. Compensation, when partition cannot be made equal. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interest of some of them, the court may adjudge compensation to be made by one party to another for equality of partition; but such compensation cannot be required to be made to others by owners unknown, nor by infants, unless, in case of an infant, it appears that he has personal property sufficent for that purpose, and that his interest will be promoted thereby. § 42. Share of infant to be paid to guardian. When the share of an infant is sold, the proceeds of the sale may be paid, by the referees making the sale, to his general guardian, or to the special guardian appointed for him in the action, it such general or special guardian, before the payment of such share into court, has given the security required by statute. $43. Share of insane person may be paid to guardian. The guardian who is entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real property has been sold, may receive, in behalf of such person, his share in the proceeds of such real property, from the referees, if the guardian, before the money is paid into court, has executed, with sufficient sureties, an undertaking approved by the judge of the district court, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled, or to his legal representative. § 44. Guardian may consent to partition, and execute release. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, who is entitled to real estate held in joint-tenancy, or in common, or in any other manner to authorize his being made party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release, in his behalf, to the owners of the shares, of the parts to which they may be respectively entitled, upon an order from the court. $45. Proceedings when the state is a party. The state may be made a party to an action for the sale or partition of real property, in which case the summons and complaint shall be served upon the attorney general, who shall appear on behalf of the state. 846. Costs, how apportioned among parties. The costs, charges and disbursements of partition shall be paid by the parties respectively entitled to share in the land. The amounts to be paid by each party shall be determined by the court, and be specified in the judgment. Such amounts may be docketed in like manner as judgments requiring the payment of money are docketed, and payment thereof may be enforced by executions against the property of the respective judgment debtors, as provided by section two hundred and sixty-four of chapter sixty-six of the General Statutes. (As amended 1874, c. 63, § 1.) SECTION. CHAPTER LXX V. ACTIONS CONCERNING AND RIGHTS IN REAL PROPERTY. SECTION. Termination of plaintiff's estate pending 35. 11-12. Second trial in actions of ejectment-judg- 36-39. 40. 42. 13. Damages for withholding real property- Mortgagee not entitled to possession. Trespass after execution sale-action by purchaser. Conveyance by defendant pending ejectment suit, etc. District court may pass title by judgment. Action by landlord equivalent to demand and re-entry-tenant, how restored to possession. Notices of lis pendens-filing, record and effect-discharge. Notice of no personal claim on defendant. Action for rent-against occupant of part of demised land- evidence-saving of other remedies-distress abolished. Estates at will, how determined-notice to Rights of aliens as to real estate. Remedy of joint tenant, etc., against co- "Nuisance" defined-action to abate or enjoin. Action for waste-forfeiture-damages. Trespass treble damages, when -single damages, when-cutting timber for highways and bridges. Treble damages for forcible eviction-for forcible entry or detainer. * 1. Appointment,by non-resident, of agent to accept service. Any person or persons, copartnership or corporation, not resident of this state owning or claiming any interest in or lien upon any lands lying within this state, may file in the office of the secretary of state of the state of Minnesota, a written agreement, duly executed and acknowledged in the manner provided by law for the execution and acknowledgement of deeds, thereby stipulating and agreeing upon the part of the party or parties executing the same, that service or process and summons in any action or proceeding concerning such real estate, or any interest therein or lien thereon, hereafter commenced in any of the courts of this state, in which such owner or claimant shall be made a party, may be made upon such agent or agents as shall be designated in such agreement, who shall be resident of this state; and authorizing such agent or agents for such party or parties to admit such service of process or summons upon him or them; and agreeing that the service of process or summons upon such agent or agents shall be valid and binding upon such party or parties. Such agreement shall designate such agent or agents, and the place of residence of such agent or agents, and shall be recorded in the office of the secretary of state, in a book to be provided for that purpose; and he shall be entitled to demand and receive, for the filing and recording thereof, and of any revocation thereof, a fee of fifteen cents for each folio of one hundred words contained therein. Service of process or summons, or of any writ or notice in such action, shall be made upon the person or persons so designated as such agent or agents, in the manner provided by law for the service of process upon persons residing in this state, and shall be held and deemed a valid and effectual service thereof upon such owner or claimant, in like manner, and shall have the same effect in all respects, as if served personally upon such owner or claimant within the state; but where such party in the action appears by his attorney therein, the service of papers shall be upon the attorney, instead of the party, as by law provided. The original record of such agreement, or a duly certified copy of such record thereof, shall be deemed and taken to be sufficient evidence thereof; and no service by publication of summons in such action shall be made upon any person or persons, copartnership or corporation, non-resident of this state, who shall have made, and had recorded, such agreement in accordance with the provisions hereof, while the same shall remain in force and unrevoked: provided, that no agreement made under the provisions of this act shall in anywise affect any action or proceeding commenced prior to the taking effect 'thereof; and provided further, that such owner or claimant may at any time revoke or amend any such agreement made by him or them; but such revocation shall in no wise affect any action or proceeding which shall have been commenced prior to the recording of such revocation, which shall be executed, acknowledged and recorded in like manner as herein before provided in respect to the original agreement: provided further, that this act, or anything therein contained, shall not apply to, nor in any wise affect, any action or proceeding for the collection of any tax, general or special. (1877, c. 88, § 1.) § 2. (SEC. 1.) Action to determine adverse claims. An action may be brought by any per son in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein, or lien upon the same, adverse to him, for the purpose of determining such adverse claim, estate, lien or interest; and any person having or claiming title to vacant or unoccupied real estate may bring an action against any person claiming an estate or interest therein adverse to him, for the purpose of determining such adverse claim, and the rights of the parties respectively. (As amended 1874, c. 68, §1.) 2 M. 129 (153); 5 M. 178 (223); 6 M. 111 (177); 8 M. 359 (403); 10 M. 41 (59); 12 M. 152; 15 M. 182, 245; 16 M. 521. § 3. (SEC. 2.) Same-disclaimer-default. If the defendant in such action disclaims, in his answer, any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs. * 4. Actions by claimants under common grantor, to confirm his title. Whenever lots or tracts of real estate are claimed in severalty by two or more persons from, or under conveyance from, the same grantor as the common source of title, and a claim or title thereto is set up or made by any one else as against the title of such grantor, any one claiming under such grantor may bring an action, on behalf of himself and all others who may come in and become parties to such action, against the person so claiming adversely, to have the title of such grantor perfected, settled or quieted, as to the lots or real estate claimed by the plaintiff and others who may become parties to the action; and in such action, any person who claims title to property by conveyance from or under the same |