Broughton v. Sherman
Supreme Court of Minnesota
Complaint under § 1, ch. 75, Gen. Stat., alleging plaintiff’s 0A nership and possession of certain described real estate, defendant’s adverse claim of an estate, interest and title in and to such real estate, with a demand of judgment that plaintiff be barred of any claim thereto,-etc. Answer admitting plaintiff’s possession, but denying his ownership, and proceeding as follows : ‘ ‘ Second.
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Complaint under § 1, ch. 75, Gen. Stat., alleging plaintiff’s 0A nership and possession of certain described real estate, defendant’s adverse claim of an estate, interest and title in and to such real estate, with a demand of judgment that plaintiff be barred of any claim thereto,-etc. Answer admitting plaintiff’s possession, but denying his ownership, and proceeding as follows : ‘ ‘ Second. The defendant for further defence alleges that he is the owner in fee simple absolute of said premises. Third. And for a third and farther defence, the defendant alleges,” title in fee in himself under a…
1Opinion of the CourtG-ileillan, C. J.
Action under the statute to determine adverse claim to real estate. The ■answer denies plaintiff’s title, and alleges title in the defendant, as a defence, not as a counterclaim, and asks no affirmative relief. To constitute new matter set up in the answer a counterclaim, so as to require a reply, it must be pleaded as such, and so that, if true, the court must grant affirmative relief to the defendant upon it.
To prove the allegations of his answer, defendant offered in evidence a deed executed to him by the county auditor of Olmsted county, upon a sale of the land for the taxes of *4331866,…
2Cases cited1 opinion
- Greve v. CoffinSupreme Court of Minnesota · 1869
3Cited by6 opinions
- C. Aultman & Co. v. TorreySupreme Court of Minnesota · 1893
- Sheehy v. HindsSupreme Court of Minnesota · 1880
- Stevens v. JohnsonSupreme Court of Minnesota · 1881
- Townsend v. Minneapolis Cold-Storage & Freezer Co.Supreme Court of Minnesota · 1891
- Madland v. BenlandSupreme Court of Minnesota · 1878
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