Fraser v. Fraser, 642 N.W.2d 34 (2002)

Citation: Fraser v. Fraser, 642 N.W.2d 34 (2002)
Parent Document: Fraser v. Fraser, 642 N.W.2d 34 (2002)
Jurisdiction: Minnesota (state)
Effective Date: 2002-03-19
Original Source: https://www.courtlistener.com/opinion/1350498/fraser-v-fraser/ ↗

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Because the dissolution action is not “an action under or in relation to” a contract for deed, for purposes of enjoining cancellation under Minn.Stat. § 559.211 (2000), we affirm the district court’s determination that it lacked jurisdiction in the dissolution action to enjoin father. But because the district court lacked jurisdiction in the dissolution action to decide questions concerning the cancellation of the contract for deed, wife was not foreclosed from litigating her service defenses in the eviction proceeding. Further, because wife’s equitable defenses were not precluded by the expiration of the period to cure the cancellation of the contract for deed, the district court must determine whether the eviction action provides the only opportunity to litigate those defenses, in which case wife may assert those defenses in the eviction action. Thus, we remand the eviction action for further proceedings. FACTS

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