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United States v. Ryan

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.124 F. Supp. 1 (D. Minn. 1954)

Brief Fact Summary. In this case, the Plaintiff, the United States (Plaintiff), filed suit to establish and enforce certain liens and claims, for the foreclosure thereof and to obtain a judgment from the Court that the Defendants, Piltz and Engdahl (Defendants), purchased the real estate subject to the lien claimed by the Plaintiff. The Defendants claimed that the Plaintiff did not take proper steps, under the Torrens System of land registration in Minnesota, to perfect a lien as required by law. The Plaintiff contended that the filing of a notice of tax lien, by name only, in the office of the registrar of deeds was sufficient to create a lien against property registered under the Torrens System.

Synopsis of Rule of Law. The basic principle of the Torrens Law is the registration of the title to the land, instead of registering, as under the old system, the evidence of such title. [In Re Bickel, 301 Ill. 484].


Facts. In this case the Plaintiff filed suit to establish and enforce certain liens and claims, for the foreclosure thereof and to obtain a judgment from the Court that the Defendants purchased the real estate subject to the lien claimed by Plaintiff. The Defendants claimed that the Plaintiff did not take proper steps, under the Torrens System of land registration in Minnesota, to perfect a lien as required by law. Plaintiff contended that the filing of a notice of tax lien, by name only, in the office of the registrar of deeds was sufficient to create a lien against property registered under the Torrens System.

Issue. Was the lien filed by name only sufficient to create a lien against property under the Torrens System of land registration?

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