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the determination of such judge therein, to the supreme court, in the same manner that a party may appeal from a judgment in a civil action in a district court. The judge shall make return to such appeal, and such return_shall consist of the statements standing for the pleadings in the case, the evidence, and the determination of the judge in writing. In case any party lawfully summoned to appear before such judge fails to appear at the time and place mentioned in the summons, he shall be deemed to have waived and relinquished all right, title, and interest and estate in the land so in controversy, and each and every piece, parcel and share thereof, and shall be forever barred the right of asserting or claiming any right, title, interest or estate therein. $8. Action by corporate authorities pleadings. If in a case mentioned in the preceding section, the title to any such land is held by the corporate authorities of any town, such corporate authorities may bring an action in the district court of the county in which the lands in controversy are situated, against the adverse claimants thereto, to settle and determine such controversy. The complaint in such case shall be in the nature of a bill of interpleader, and shall set forth a description of the lands thus claimed by adverse claimants, and the character and extent of the right, interest or estate therein claimed by each, as the same appears by the statements deposited with such authorities, pursuant to section three of this chapter, and shall pray that the several adverse claimants may be required to appear in such court and prosecute their claims, or be forever barred thereof. Any party to such action who fails to appear and answer such complaint, and thus prosecute his claim to the land described therein, pursuant to the summons in such case and the practice of the district court, shall be forever barred of the right to assert any claim or title to such lands adverse to the other claimants, elsewhere or in any court whatsoever. If the adverse claimants to the lands described in the complaint appear, they shall respectively answer such complaint, and either disclaim any right, title, interest or estate in the land therein described, or set forth the nature, character and extent of the title, interest or estate which they respectively claim therein.

$9. Statement of expense-charge on lands. As soon as may be after the expiration of sixty days from the first publication of the notice mentioned in the third section of this chapter, the corporate authorities, or judge, holding the title to the lands described in such notice, shall make a true statement in writing, containing a true account of moneys by him or them expended in the acquisition of the title, and the administration or execution of the trust to that time, including all moneys paid by him or them for the purchase of such lands, all necessary travelling expenses, all moneys paid for posting and publishing such notices, and for proof thereof, and for all other necessary and proper expenses incident to such trust, and also a true account of his or their charges for time and services employed in the business of such trust to that time. The whole amount of such account for moneys, and reasonable charges for compensation, shall be a charge upon the lands so held in trust in favor of the trustee, and shall be paid by the several claimants entitled to such lands, in proportion to the several quantities or shares thereof to which they are respectively entitled.

$10. Person entitled to deed to pay charges. Before the corporate authorities, or judge, holding any such lands in trust as aforesaid, shall be required to execute, acknowledge, or deliver any deed of conveyance thereof, or of any lot, block, parcel or share thereof, as herein before mentioned, to any person claiming to be entitled to such deed, such person shall pay or tender to him or them the sum of money chargeable upon the part thereof to be conveyed by such deed, according to the statement or account mentioned in the ninth section of this chapter, the amount to be determined by the proportion which the quantity

of the land to be described in such deed bears to the whole quantity of the land of which it is a part, compared with the whole amount thus charged upon the whole quantity of land, together with interest on each of the money items of such account at the rate of twelve per centum per annum from the time when the same accrued, and also such further sums as are a reasonable compensation for preparing, executing and acknowledging such deed, and the fees of the officers taking the acknowledgment thereof.

§ 11. Conveyances, when to be executed-when not. After the expiration of sixty days from the time of the first publication of the notice mentioned in the third section of this chapter, the corporate authorities, or judge, holding the title to the lands described therein, shall, upon a reasonable demand or request, and upon the payment or tender to him or them of the moneys mentioned in the preceding section, execute, acknowledge and deliver to each and every claimant, association or company of claimants of such lands, or of any lot, block, parcel or share thereof, a deed of conveyance thereof, as prescribed in the second section of this chapter, and according to the statement made and deposited by him or them pursuant to the third section: provided, however, that no such deed of conveyance shall be executed, acknowledged or delivered for any part, lot, block, or share of such lands to which there are adverse or contesting claimants, until the controversy thereon is settled or determined in the manner herein before described; and whenever any such controversy is so settled or determined, the said corporate authorities, or judge, shall, upon the like demand or request, and the like payment or tender, and by the like deed of conveyance, convey the land, or interest or share therein, the right to which has been thus ascertained, to the person thereby determined to be entitled to the same.

$12. Judge shall be seized of title to lands, when. In case any judge who enters any such lands under the provisions of the said act of congress, and thus becomes the sole trustee thereof, is possessed of or entitled to the same, or any part, lot, block or share thereof, according to and by virtue of the provisions of this chapter, and his claim or right is not claimed adversely to him by any person, he shall be seized and possessed of the title thereto, and estate therein, to his own use in fee-simple absolute, free and discharged of such trust; and no conveyance, other than the patent of the lands including the same, shall be necessary to perfect his absolute title thereto. In case any such land, or interest or share in such land, so claimed by such judge, is claimed by any other person adversely to him, the conflicting claims between him and such other person shall be adjusted or determined by settlement, arbitration or action, as hereinbefore prescribed; and in case of action, the issues therein shall be tried before some other judge who is disinterested.

§ 13. Title to lands, from what time held. For the purpose of determining the rights of adverse claimants to any land so entered, the corporate authorities, or judge, herein before mentioned, shall be deemed to possess and hold the title to said lands, in trust, from the time of the entry thereof.

§ 14. Costs, how regulated. The costs in the actions mentioned in this chapter, and in proceedings before the judge as aforesaid, shall be regulated and recoverable as in other civil actions.

$15. Reconveyance pursuant to contracts. Every person in whom the title to any lands shall be declared to be vested under and by the provisions of this chapter, shall reconvey, by good and sufficient conveyance, to any person claiming by, through or under him pursuant to any contract or agreement made with such person, upon a reasonable demand therefor, and upon the payment to said person of any moneys that may be due or unpaid to him from the person making such demand; and in case of refusal so to convey, said contract or agreement may be enforced by action against said person, according to law.

§ 16. Successor of judge to complete execution of trust. The successor in office of any

judge entering lands under the provisions of this chapter, shall, when the trust has not been fully executed, succeed to said trust, and have authority to execute the same as fully as his predecessor might have done while in office.

*§ 17. Powers of judge of first district. That Hon. Francis M. Crosby, judge of the first judicial district of the state of Minnesota, be, and he hereby is authorized and fully empowered to execute and discharge within said judicial district all duties and trusts in like manner and subject to the same requirements as are required by the act entitled "An act prescribing rules and regulations for the execution of the trust arising under the act of congress entitled 'An act for the relief of citizens of towns upon lands of the United States under certain circumstances," approved March third, one thousand eight hundred and fifty-five, and the several acts amendatory thereof. (1874, c. 82, § 1.)

*§ 18. Same-conveyances legalized. That all deeds of lands heretofore made and executed by the said Francis M. Crosby, judge as aforesaid, under the trust by said several acts created, be and they hereby are declared to be as legal and valid conveyances of the lands therein described as if executed by the original trustee; and the record of any such deeds are hereby declared to be legal and competent evidence from the time of the record thereof, in like manner as the record of other deeds are or may be by law made evidence. (Id. §.2.)

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§1. Uses and trusts abolished, except, etc. Uses and trusts, except as authorized and modified in this chapter, are abolished; and every estate and interest in lands shall be deemed a legal right, cognizable as such in the courts of law, except when otherwise provided by statute.

§ 2. Executed uses confirmed. Every estate which is now held as a use executed under laws, as they formerly existed, is confirmed as a legal estate.

§ 3. Who deemed to have legal estate in lands. Every person who, by virtue of any grant, assignment or devise, is entitled to the actual possession of lands, and the receipt of the rents and profits thereof, in law or equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest.

§ 4. Limitation of preceding section. The preceding section shall not divest the estate of any trustees in any existing trust where the title of such trustees is not mere

ly nominal, but is connected with some power of actual disposition, or management, in relation to the lands which are the subject of the trust.

§ 5. Trustees take no interest, except, etc. Every disposition of lands, whether by deed or devise, except as otherwise provided in this chapter, shall be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to any other to the use of or in trust for such person; and if made to one or more persons in trust for or to the use of another, no estate or interest, legal or equitable, shall vest in the trustee.

6 M. 241 (358): 8 M. 272 (309).

§ 6. Limitation of preceding sections. The preceding sections of this chapter shall not extend to trusts arising or resulting by implication of law; nor be construed to prevent or affect the creation of such express trusts as are hereinafter authorized and defined.

§ 7. Grant to one for money paid by another. When a grant for a valuable consideration is made to one person, and the consideration therefor is paid by another, no use or trust shall result in favor of the person by whom such payment is made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.

2 M. 238 (277) 5 M. 342 (422;) 7 M. 216 (286); 8 M. 272 (309); 8 M. 310 (351); 10 M. 320 (401); 13 M. 462; 14 M. 424; 16 M. 512; 22 M. 132, 384.

88. Such conveyance fraudulent-trust for creditors. Every such conveyance shall be presumed fraudulent as against the creditors, at that time, of the person paying the consideration; and when a fraudulent intent is not disproved, a trust shall result in favor of such creditors, to the extent that may be necessary to satisfy their just demands.

2 M. 238 (277); 8 M. 165 (195); 9 M. 169 (183); 9 M. 287 (303): 12 M. 145; 14 M. 424; 22 M. 132, 384. 89. Limitation of section seven. The preceding seventh section shall not extend to cases where the alienee named in the conveyance has taken the same as an absolute conveyance, in his own name, without the knowledge, or consent, of the person paying the consideration; or when such alienee, in violation of some trust, has purchased the lands so conveyed, with moneys belonging to another

person.

§ 10. Bona fide purchasers protected. No implied or resulting trust shall be alleged or established, to defeat or prejudice the title of a purchaser for a valuable consideration, and without notice of such trust.

§ 11. Purposes for which express trusts may be created. Express trusts may be created for any, or either, of the following purposes:

First. To sell lands for the benefit of creditors.

2 M. 226 (264.)

Second. To sell, mortgage or lease lands for the benefit of legatees, or for the purpose of satisfying any charge thereon.

Third. To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed in chapter forty-five.

Fourth. To receive the rents and profits of lands, and to accumulate the same, for either of the purposes, and within the limits, prescribed in chapter forty-five.

Fifth. To receive and take charge of any money, stocks, bonds, or valuable chattels of any kind, and to invest and loan the same for the benefit of the beneficiaries of such express trust; and the district courts of the state shall, on petition and hearing, have power to appoint a trustee for the purpose herein set forth, requiring such trustee to give such bond for the faithful execution of such express trust as to the court may seem right and proper; and express trusts, created under the provisions of this clause, shall be administered under the direction of the court. (As amended 1875, c. 53, § 1.)

8 M. 238 (277.)

§ 12. Devise of lands creates a mere power, when. A devise of lands to executors or other trustees, to be sold or mortgaged, when such trustees are not also em

powered to receive the rents and profits, shall vest no estate in the trustees; but the trust shall be valid as a power, and the lands shall descend to their heirs, or pass to the devisees of the testator, subject to the execution of the power.

$ 13. Profits of lands held in trust, liable to creditors, when. When a trust is created to receive the rents and profits of lands, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that is necessary for the education and support of the person for whose benefit the trust is created, shall be liable in equity to the claims of the creditors of such person, in the same manner as other personal property which cannot be reached by

an execution at law.

§ 14. Express trust to be power in trust, when. When an express trust is created for any purpose not enumerated in the preceding sections of this chapter, no estate shall vest in the trustee; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, shall be valid as a power in trust, subject to the provisions in relation to such powers contained in the next succeeding chapter.

§ 15. Title to such land shall descend, how. In every case where the trust is valid as a power, the land to which the trust relates shall remain in, or descend to, the persons otherwise entitled, subject to the execution of the trust as a power.

$ 16. Trustees of express trust to possess whole estate. Every express trust, valid as such in its creation, except as herein otherwise provided, shall vest the whole estate in the trustees, in law and in equity, subject only to the execution of the trust; and the person for whose benefit the trust was created shall take no estate or interest in the lands, but may enforce the performance of the trust in equity.

§ 17. Limitation of preceding section. The preceding section shall not prevent any person creating a trust from declaring to whom the lands to which the trust relates, shall belong, in the event of the failure or termination of the trust; nor shall it prevent him from granting or devising such lands, subject to the execution of the trust; and every such grantee shall have a legal estate in the lands as against all persons, except the trustees and those lawfully claiming under them.

§ 18. Interest not disposed of. When an express trust is created, every estate and interest not embraced in the trust, and not otherwise disposed of, shall remain in or revert to the person creating the trust, or his heirs, as a legal estate.

§ 19. Trust interests, when assignable. No person beneficially interested in a trust for the receipt of rents and profits of the lands can assign, or in any manner dispose of, such interest; but the rights and interest of every person for whose benefit a trust for the payment of a sum in gross is created are assignable.

§ 20. Effect of omitting trust in conveyance. When an express trust is created, but is not contained or declared in the conveyance to the trustees, such conveyance shall be deemed absolute as against the subsequent creditors of the trustees not having notice of the trust, and as against purchasers from such trustees, without notice, and for a valuable consideration.

§ 21. Sales by trustees void, when. When the trust is expressed in the instrument creating the estate, every sale, conveyance, or other act of the trustees, in contravention of the trust, shall be absolutely void.

§ 22. Misconduct of trustees not to affect other persons. No person who actually and in good faith makes any payment to a trustee, which the trustee as such is authorized to receive, shall be responsible for the proper application thereof, according to the trust; nor shall any right or title derived by such person from the trustee, in consideration of such payment, be impeached or called in question in consequence of any misapplication of such payment by the trustee.

§ 23. When estate of trustee ceases. When the purposes for which an express trust is created cease, the estate of the trustee shall also cease.

§ 24. Death of trustee-trust how executed. Upon the death of the surviving trustee of

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