Holmes v. Williams
Supreme Court of Minnesota
This action was commenced in the district court for Scott county. The complaint was as follows: “ The plaintiff in the above entitled action, for complaint therein respectfully states and shows to the court, that on the 4th day of April, a. d. 1866, she became seized of the title in fee, and was on that day entitled to the possession of and to the undivided one-half part of the following described land and real estate and appurtenances thereunto belonging, to wit: Lot No. 2…
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This action was commenced in the district court for Scott county. The complaint was as follows: “ The plaintiff in the above entitled action, for complaint therein respectfully states and shows to the court, that on the 4th day of April, a. d. 1866, she became seized of the title in fee, and was on that day entitled to the possession of and to the undivided one-half part of the following described land and real estate and appurtenances thereunto belonging, to wit: Lot No. 2 in block ‘A,’ lot No. 1 in block ‘B,’ lot No. 2 in block ‘ C,’ lot No. 2 in block ‘ G,’ lot No. 2 in block 'C,’ lot No.…
1Opinion of the Court
By the Court,
Ripley, Ch. J.
If we were to assume, that each count in this complaim sets out, as the appellant insists that it does, a cause of action for damages for wrongfully withholding distinct parcels of real property, and also, in accordance with what from the demand for judgment would appear to have been the theory of the pleader who drew the complaint, that the second and third counts state, in addition thereto, a cause of action to recover the possession of the real property therein described, it would follow ' that the demurrer was rightly allowed for the cause assigned *169by tbe…
2Cases cited3 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Armstrong v. HindsSupreme Court of Minnesota · 1863
3Cited by3 opinions
- Hurley v. LamoreauxSupreme Court of Minnesota · 1882
- Zander v. SchackelSupreme Court of Minnesota · 1924
- Kisciras v. MerrittWyoming Supreme Court · 1931