James v. Wilder
Supreme Court of Minnesota
Appeal by the defendants Amherst H. Wilder and Channing Seabury, copartners as A. H. Wilder & Co., and by Andrew J. Preston, from a judgment of the district court for Eamsey county, entered upon the report of a referee, in an action brought by plaintiff against them and W. D. Cornish, as administrator of John P. Kilroy, deceased, and others, to determine the adverse claims of the defendants to the north one-third of lots 1, 2 and 3, in block 10, in the city of St. Paul.
Read the full summary
Appeal by the defendants Amherst H. Wilder and Channing Seabury, copartners as A. H. Wilder & Co., and by Andrew J. Preston, from a judgment of the district court for Eamsey county, entered upon the report of a referee, in an action brought by plaintiff against them and W. D. Cornish, as administrator of John P. Kilroy, deceased, and others, to determine the adverse claims of the defendants to the north one-third of lots 1, 2 and 3, in block 10, in the city of St. Paul. The facts are stated in the opinion. The case of Williams v. Lash, 8 Minn. 441 (496,) was decided under Pub. St. c. 1, §…
1Opinion of the CourtBerry, J.
The plaintiff, alleging that he is the owner in fee simple of a parcel of land of which he is in possession, brings this action, to determine adverse claims made to the same by defendants. When the plaintiff had closed his case, the appealing defendants, Preston and Wilder & Co., moved for a dismissal of the action, for misjoinder of a cause of action to determine the adverse claim made by one, with a cause of action to determine the adverse claim made by the other. The objection, (if it be one,) not having been taken by demurrer or answer, was waived. Gen. St. c. 66, §§ 74, 77, 78.
The…
2Cases cited7 opinions
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1863
- Parret v. ShaubhutSupreme Court of Minnesota · 1861
- County Commissioners v. RobinsonSupreme Court of Minnesota · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Borough of Henderson v. County of SibleySupreme Court of Minnesota · 1881
- Harrington v. Town of PlainviewSupreme Court of Minnesota · 1880
- Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1900
- Chase v. CartrightSupreme Court of Arkansas · 1890
8 more not listed; retrieve them via the Exa API.