Perkins v. Morse
Supreme Court of Minnesota
Action to determine adverse claims to real property, brought in the district court for Hennepin county. A motion by defendant Clara B. Morse for judgment on the pleadings having been denied by Van-derburgh, J., the action was tried before Lochren, J., without a jury, and judgment ordered and entered for plaintiff, and the defendants appealed.
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Action to determine adverse claims to real property, brought in the district court for Hennepin county. A motion by defendant Clara B. Morse for judgment on the pleadings having been denied by Van-derburgh, J., the action was tried before Lochren, J., without a jury, and judgment ordered and entered for plaintiff, and the defendants appealed. As appears from the settled case, the only evidence introduced to show the execution, delivery, and contents of the deed from Charles Galpin to George Galpin, mentioned in the opinion, consisted (1) of a deed from George Galpin of the same land to…
1Opinion of the Court
Berry, J.*
This is an action under the statute to determine the adverse claims of the defendants to land of which plaintiff alleges that he is owner in possession. Defendant H. B. Morse, separately answering, — first, denies each and every allegation of the complaint; and, secondly, disclaims any adverse claim to the land. So far as he is concerned, the disclaimer is an end of the controversy. It is a solemn admission by which the plaintiff gains all that he sought against the disclaiming party. It not only dispenses with proof upon plaintiff’s part, but it shows that the disclaiming party has…
Also in this document: Per curiam.
2Cases cited4 opinions
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Hartwell v. PageWisconsin Supreme Court · 1861
- Farrell v. HennesyWisconsin Supreme Court · 1867
- Orton v. NoonanWisconsin Supreme Court · 1865
3Cited by11 opinions
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- Donohue v. LaddSupreme Court of Minnesota · 1883
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1891
- Naas v. WelterSupreme Court of Minnesota · 1904
- Webster v. KautzColorado Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.