Legal Opinion · Dissent

Sage v. Rudnick

Supreme Court of Minnesota

Decided January 22, 1904No. Nos. 13,727 — (184)Published

Action of ejectment in the district court for Swift county. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

1Dissent

LOVELY and BROWN, JJ.

(dissenting).

We dissent. The case is clearly distinguishable from the Olson case. In that case Olson, the settler, initiated proceedings in the Land Department, and sought in that tribunal to have his alleged right to the land determined; and the court held that it would be inequitable to permit him, after keeping that controversy alive and in the department for a number of years, and after being defeated, to turn around and be heard to assert a title by adverse possession acquired in whole or in part during that period. In the case at bar, defendant, the settler, did not…

2Cases cited24 opinions

  1. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  2. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  3. United States v. SchurzSupreme Court of the United States · 1880
  4. Moore v. RobbinsSupreme Court of the United States · 1878
  5. Wright v. RoseberrySupreme Court of the United States · 1887

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