Wheeler v. Merriman
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Mower county, to recover possession of the E. J of the N. W. i of section 22, township 101, range 18, in that county.
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Plaintiff brought this action in the district court for Mower county, to recover possession of the E. J of the N. W. i of section 22, township 101, range 18, in that county. The answer put in issue plaintiff’s title, averred generally title in fee and right of possession in defendant, and that “he took possession of said premises in good faith, without notice of any defects in hiB said title, and has made improvements thereon, of the value of $500, and has paid taxes amounting to $300.” The reply consisted'of a general denial of the new matter in the answer and a denial; that defendant’s…
1Opinion of the CourtMitchell, J.
Gen. St. 1878, o. 75, § 15, provides: “Where any person, under color of title in fee, and in good faith, has peacefully taken possession of any land for which he has given a valuable consideration, *• * neither such person, nor his heirs, representatives, or assigns, shall be ejected from such land, except as hereinafter provided, until compensation is tendered him or them for all improvements-which he or they may have made upon said land previous to actual notice of the claim upon which the action is founded.”
At common law there was no liability on the part of the owner of real estate for…
2Cases cited7 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Whitney v. RichardsonSupreme Court of Vermont · 1858
- Lunquest v. Ten EyckSupreme Court of Iowa · 1875
- Wilson v. Red Wing School DistrictSupreme Court of Minnesota · 1876
- O'Mulcahy v. FlorerSupreme Court of Minnesota · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parker v. VinsonSouth Dakota Supreme Court · 1899
- State v. Itasca Lumber Co.Supreme Court of Minnesota · 1907
- Wisconsin Central Railroad v. Price CountyWisconsin Supreme Court · 1885
- Durham v. HussmanSupreme Court of Iowa · 1893
- County of Polk v. HunterSupreme Court of Minnesota · 1890
5 more not listed; retrieve them via the Exa API.