Morris v. McClary
Supreme Court of Minnesota
Plaintiffs, heirs-afc-law of Arthur B. Morris, of New York, who died in that city August 11, 1869, brought this action in the district court for Hennepin county, to determine the defendant’s adverse claim to lot 2, in block 45, of Baker’s fourth addition to Minneapolis, being vacant and unoccupied land.
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Plaintiffs, heirs-afc-law of Arthur B. Morris, of New York, who died in that city August 11, 1869, brought this action in the district court for Hennepin county, to determine the defendant’s adverse claim to lot 2, in block 45, of Baker’s fourth addition to Minneapolis, being vacant and unoccupied land. On June 24, 1857, one J. G. Sherburne, of Minneapolis, was the owner of the lot in dispute, and on that day he conveyed it, with other property, to Arthur B. Morris, whose place of residence was not mentioned in the deed, and whose identity with plaintiffs’ ancestor was put in issue by…
1Opinion of the CourtGilfillan, C. J.
To prove identity of person, identity of name is usually, in the first instance, sufficient. 1 Gr. Ev. § 575, and note; 2 Phil. Ev. 509, and note; Abbott’s Trial Ev. 101. Very slight evidence may be sufficient to overcome the presumption of identity of person which identity of name raises, so as to put upon the party claiming such identity the necessity of further proof; but until there is something to raise a doubt upon it, it is ordinarily enough. In this ease there is nothing to raise a doubt that the Arthur B. Morris, to-whom the land in controversy was conveyed in 1857, whose residence…
2Cited by14 opinions
- Aronovitch v. LevySupreme Court of Minnesota · 1953
- Brown v. BocquinSupreme Court of Arkansas · 1892
- Dow v. DowMassachusetts Supreme Judicial Court · 1923
- Bausman v. FaueSupreme Court of Minnesota · 1891
- Leland v. HeibergSupreme Court of Minnesota · 1923
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