Brown v. St. Paul & Northern Pacific Railway Co.
Supreme Court of Minnesota
Ejectment for land in Ramsey county. Defence, title claimed to have been acquired by condemnation proceedings. On the trial, in the district court for Ramsey county, before Kelly, J., it was conceded that William Brown, Jr., was, in his life-time, the owner of the land, and that he died in the city of Philadelphia, in 1870; that the title stood of record in his name until February, 1887; that his will was filed for probate in the probate court of Ramsey county in June, 1886,…
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Ejectment for land in Ramsey county. Defence, title claimed to have been acquired by condemnation proceedings. On the trial, in the district court for Ramsey county, before Kelly, J., it was conceded that William Brown, Jr., was, in his life-time, the owner of the land, and that he died in the city of Philadelphia, in 1870; that the title stood of record in his name until February, 1887; that his will was filed for probate in the probate court of Ramsey county in June, 1886, and that in February, 1887, by decree of that court, the land was assigned to plaintiff. The defendant then offered in…
1Opinion of the CourtVanderburgh, J.
Under Gen. St. 1878, c. 34, § 15, service of notice of the presentation of the petition in the condemnation proceedings therein provided for can only be made by publication upon nonresident owners or incumbrancers, or those whose residence is unknown; and as we interpret that section, before such constructive-service can be resorted to, the fact of non-residence, etc., must be ascertained and proof thereof duly made by affidavit. The particular provision referred to is as follows: “In all cases where the owner or person claiming an interest in such real property is a non-resident of this…
2Cases cited2 opinions
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Hunt v. GrantSupreme Court of Minnesota · 1902
3Cited by8 opinions
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Gilmore v. LampmanSupreme Court of Minnesota · 1902
- Schuett v. PowersSupreme Court of Minnesota · 1970
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