No decree of registration hereafter entered, and no original certificate of title hereafter issued pursuant thereto, shall be adjudged invalid or set aside unless the action in which the validity of such decree, or of the original certificate of title issued pursuant thereto, is called in question, be commenced, or the defense alleging the invalidity thereof be interposed, within six months from the date of such decree. No action or proceeding for the recovery of any right, title, interest, or estate in registered land adverse to the title established by any original decree of registration hereafter entered shall be maintained, unless such action is commenced within six months from the date of such original decree. No action or proceeding for the enforcement or foreclosure of any lien or charge upon or against registered land in existence at the date of any original decree of registration hereafter entered, and which is not recognized and established by such decree, shall be maintained, unless such action or proceeding is commenced within six months from the date of such original decree. No such action or proceeding shall be commenced by any person who is bound by the decree. Nothing herein shall affect any rights already barred when this law takes effect.
Notes of Decisions
Cited in
8
cases, 1954–2015 · leading case:
Howe v. Hauge, 766 N.W.2d 50 (Minn. Ct. App. 2009).
Howe v. Hauge, 766 N.W.2d 50 (Minn. Ct. App. 2009).
· cites it 17× “Appellants argue that the district court improperly applied Minn.Stat. § 508.28, when it ruled that appellants were time-barred from challenging a registered land survey.”
Konantz v. Stein, 167 N.W.2d 1 (Minn. 1969).
· cites it 2× “26 (60 days from entry of the decree) and § 508.28 (6 months from entry of the decree) cannot bar them from asserting their title since they had neither actual nor constructive notice of the pendency of the registration proceedings and the entry of the registration decree within…”
Park Elm Homeowner's Ass'n v. Mooney, 398 N.W.2d 643 (Minn. Ct. App. 1987).
· cites it 2× “Minn.Stat. § 508.28 (1984) further provides that [n]o decree of registration * * * shall be adjudged invalid or set aside unless the action in which the validity of such decree * * * is called in question, be commenced * * * within six months from the date of such decree.”
United States v. Ryan, 124 F. Supp. 1 (D. Minnesota 1954).
· cites it 2× “§ 508.28. The purpose of the Torrens Law is to establish an indefeasible title free from any and all rights or claims not registered with the registrar of titles, with certain exceptions not important here, M.”
McDaniel v. Fingerhut, 100 N.W.2d 497 (Minn. 1959).
· cites it 2× “Section 508.28 relates to the time within which an action attacking the validity of a decree in registration proceedings may be instituted, limiting the same to 6 months subsequent to the date of the decree.”
In Re Application of McDaniel to Register Title, 257 Minn. 78 (Minn. 1959).
· cites it 2× “Section 508.28 relates to the time within which an action attacking the validity of a decree in registration proceedings may be instituted, limiting the same to 6 months subsequent to the date of the decree.”
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treatment. Dots show Syfertize treatment of the citing case itself.