Conklin 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 seized in feo simple, and possessed of the title in and to certain lands described therein, and that the same is vacant and unoccupied land, and that the defendant claims some estate or interest therein adverse to the plaintiff; and demands judgment declaring the adverse claim void.
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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 seized in feo simple, and possessed of the title in and to certain lands described therein, and that the same is vacant and unoccupied land, and that the defendant claims some estate or interest therein adverse to the plaintiff; and demands judgment declaring the adverse claim void. The answer denies the allegations of the complaint, except that as to defendant’s claim, and sets up such claim, which is founded upon a tax title. Upon the trial,…
1Opinion of the Court
By the Court
Ripley, Ch. J.
This action is brought under Gen. Stab., sec. 1, ch. 75, as amended by ch. 72, Laws *460of 1867, plaintiff alleging ownership of N W ¼ Sec. 21, T. 105, R. 22, and that it is vacant and unoccupied land, [both which allegations were put in issue by the answer; ] that defendant claims some adverse estate or interest therein and praying that the same be declared void.
It was tried at the same time with Murphy vs. Hinds, 15 Minn 182, and as in that case, the plaintiff at the trial, after offering certain records as evidence to prove ownership in himself, stated that he had no…
2Cases cited7 opinions
- Jackson ex dem. Colden v. ChaceNew York Supreme Court · 1818
- McComb, Simpson & Co. v. ThompsonSupreme Court of Minnesota · 1858
- Cooper v. BreckenridgeSupreme Court of Minnesota · 1866
- Bazille v. UllmanSupreme Court of Minnesota · 1858
- Groh v. BassettSupreme Court of Minnesota · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Denny-Renton Clay & Coal Co. v. SartoriWashington Supreme Court · 1915
- Bryant v. LordSupreme Court of Minnesota · 1872
- Kimball v. PalmerleeSupreme Court of Minnesota · 1882
- Bowen v. WillardSupreme Court of Minnesota · 1938
12 more not listed; retrieve them via the Exa API.