Court File No. 23-CV-22-614
SUMMONS
Estate of Ernest Tuff, Deceased,
Plaintiff,
-vs-
Doris Tuff Smelser, Levane Hatling,
Ida T. Tuff Estate, State of Minnesota,
Jonathan T. Peterson, Lori L. Peterson,
Randall S. Smith, Gregory J. Smith and
Jon Troy Peterson, MiEnergy and Tri-
County Electric Coop,and all successors
and assigns; also the unknown heirs
of the aforesaid persons, and all other
persons unknown claiming any right,
title, estate, interest or lien in the real
estate described in the Complaint; subject to any easements of record,
Defendants.
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this summons.
You must send a copy of your Answer to the person who signed this Summons located at:
Lee M. Novotny/
NOVOTNY LAW OFFICE, LTD.
22 Second St. SE, PO Box 455,
Chatfield, MN 55923
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 believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THE SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY LOCATED IN FILLMORE COUNTY, STATE OF MINNESOTA:
Parcel I:
An undivided one-half interest to the West Half (1/2) of the Southwest Quarter (SW 1/4) of Section 22, Township 104 North, Range 8 West, Fillmore County, Minnesota.
Parcel II:
The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) in Section 27, Township 104 North, Range 8 West
EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter of Section 27, Township 104 North, Range 8 West, Fillmore County, Minnesota described as follows:
Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 00 degrees 12 minutes 17 seconds East along the west line of said Northwest Quarter of the Northeast Quarter 1291.18 feet to the point of beginning of the parcel to be described; thence North 89 degrees 41 minutes 52 seconds East, 935.70 feet; thence North 89 degrees 59 minutes 56 seconds East, 357.86 feet; thence South 00 degrees 27 minutes 03 seconds East, 19.11 feet to the south line of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 32 minutes 57 seconds West, along said south line, 1293.65 feet to the southwest corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 12 minutes 17 seconds West, along the west line of said Northwest Quarter of the Northeast Quarter, 24.34 feet to the point of beginning.
ALSO EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter of Section 27, Township 104 North, Range 8 West, Fillmore County, Minnesota described as follows:
Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 26 minutes 12 seconds East, along the north line of said Northwest Quarter of the Northeast Quarter, 1297.19 feet to the point of beginning of the parcel to be described; thence South 00 degrees 08 minutes 56 seconds West, 256.85 feet; thence South 32 degrees 16 minutes 14 seconds West, 21.54 feet; thence South 01 degrees 19 minutes 58 seconds East 999.77 feet; thence North 89 degrees 30 minutes 17 seconds East, 13.42 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 29 minutes 43 seconds West, along said east line, 1274.62 feet to the northeast corner of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 26 minutes 12 seconds West, along said north line of the Northwest Quarter of the Northeast Quarter 13.49 feet to the point of beginning.
AND
The West Half (W ½) of the Southeast Quarter (SE ¼),
The Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼),
The East Half (E ½) of the Southwest Quarter (SW ¼),
All in Section 22, Township 104 North, Range 8 West
EXCEPTING therefrom a right of way not to exceed 35 feet in width from the public highway as now or hereafter laid out in the Northwest Quarter of the Southeast Quarter of Section 22, Township 104 North, Range 8 West, to the South line of the Southwest Quarter of the Northeast Quarter of said Section 22; together with the right of ingress and egress over said roadway, all for the purpose of providing access to said Southwest Quarter of the Northeast Quarter of Section 22, Township 104 North, Range 8 West, said road to follow the East bank of Root River, containing 236 acres, more or less, according to the U.S. Government survey thereof, and is also subject to existing highway right of way.
Parcel III:
Commencing at the Northwest Corner of the Northeast Quarter of the Southeast Quarter of Section 22, Township 104 North, Range 8 West, thence West 58 feet; thence South 12 degrees West, 404 feet; thence South 36 degrees 47 minutes East, 236 feet; thence North 584 feet to the place of beginning.
Also, beginning at a point 58 feet West of the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 22, Township 104 North, Range 8 West, running thence South 12 degrees West 404 feet; thence South 36 degrees 47 minutes East, 236 feet to the West line of the Northeast Quarter of the Southeast Quarter of said Section 22; thence South on the said Quarter Section Line 141 feet; thence North 69 degrees West, 100 feet; thence North 30 degrees 40 minutes West, 335 feet; thence North 12 degrees East, 410 feet; thence East 123 feet to the place of beginning.
And,
Parcel IV:
All that part of the Northwest Quarter of the Southeast Quarter of Section 22 beginning at a point on the Northeast corner of the said Northwest Quarter of the Southeast Quarter of Section 22; thence West on the quarter section line 181 feet; thence South 12 degrees West, 410 feet; thence South 30 degrees 40 minutes East, 335 feet; thence South 69 degrees East, 100 feet to the East line of the Northwest Quarter of the Southeast Quarter of Section 22; thence North along said East line of the northwest Quarter of the Southeast Quarter of Section 22 to the point of beginning, all in Township 104, Range 8 West.
The object of this action is to determine that the defendants have no right, title, estate, interest or lien in or on the above described real estate.
NOTICE OF NO PERSONAL CLAIM.
No personal claim is made against any of the defendants in the action above entitled.
Dated: November 17, 2022
NOVOTNY LAW OFFICE, LTD.
/s/ Lee Novotny
Lee M. Novotny
Attorney for Plaintiff (#0389227)
22 Second Street SE, PO Box 455
Chatfield, MN. 55923
(507) 867-4080
lee@novotnylawoffice.com
Publish 28,5,12
"Where Fillmore County News Comes First"
Leave a Reply