Murphy v. Hinds
Supreme Court of Minnesota
This action was brought in the district court for Scott county and was tried by the court, without a jury. The complaint alleges that the plaintiff is the owner in fee, and in possession of certain lands described therein, and that the defendant claims some estate or interest in the land adverse to the plaintiff, and that the claim of defendant is unfounded in fact and in law, or in equity, and is a cloud upon the plaintiff’s title.
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This action was brought in the district court for Scott county and was tried by the court, without a jury. The complaint alleges that the plaintiff is the owner in fee, and in possession of certain lands described therein, and that the defendant claims some estate or interest in the land adverse to the plaintiff, and that the claim of defendant is unfounded in fact and in law, or in equity, and is a cloud upon the plaintiff’s title. Plaintiff demands judgment that the defendant disclose the estate or interest claimed by him, and that the same, as against the title of plaintiff be declared…
1Opinion of the CourtBerry, J.
By the Court. This action is brought under bee. 1, Chap. 75, Gen. Stat., which provides that “an action may be brought by any person in possession, by himself, or his tenant of real property, against any person who claims an estate or interest therein, adverse to him, for the purpose of determining such adverse claim, estate or interest. ” This section has on several occasions received a construction in this court, and it has been settled that the possession referred to is an actual possession. Steele vs. Fish, 2 Minn., 153; State vs. Bachelder, 5 Minn., 239; Meighen vs. Strong, 6 Minn., 179;…
2Cases cited4 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Williams v. SheldonNew York Supreme Court · 1833
- State v. BachelderSupreme Court of Minnesota · 1861
- Steele v. FishSupreme Court of Minnesota · 1858
3Cited by4 opinions
- Lambert v. MurraySupreme Court of Colorado · 1911
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Byrne v. HindsSupreme Court of Minnesota · 1871
- Purnie Peterson v. CitiMortgage, Inc.Court of Appeals for the Eighth Circuit · 2013