Benz v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to determine the boundary line between the lands of plaintiff and defendant. Hiram F. Stevens. The case was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants, Stevens and others, appealed.
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Action in the district court for Ramsey county to determine the boundary line between the lands of plaintiff and defendant. Hiram F. Stevens. The case was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants, Stevens and others, appealed. To constitute estoppel in a case like the one at bar, there must have been, when the incorrect line was acted upon, knowledge of the true boundary by one party and ignorance of it by the other, in order to estop the party from asserting it within the period of limitation, and this, though…
1Opinion of the CourtBrown, J.
Action brought under Laws 1893, c. 68, to determine the boundary line between the lands of the respective parties. Plaintiff had judgment in the court below, and defendants Stevens appealed from an order denying a new trial.
The case was here on a former appeal. 77 Minn. 375, 82 N. W. 1118. The facts are as follows: Plaintiff is the owner of lots 9 to 14, inclusive, of Dawson & Smith’s enlargement to Dawson & Smith’s addition to the city of St. Paul, having acquired title thereto by conveyance from James T. McMillan, his immediate predecessor in title. Defendant Stevens owns lots 15 and 16, ad*35j…
2Cases cited9 opinions
- Beardsley v. CraneSupreme Court of Minnesota · 1893
- Schad v. SharpSupreme Court of Missouri · 1888
- Sartain v. HamiltonTexas Supreme Court · 1854
- Iverson v. SwanMassachusetts Supreme Judicial Court · 1897
- Mullaney v. DuffyIllinois Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Theros v. PhillipsSupreme Court of Minnesota · 1977
- Engquist v. WirtjesSupreme Court of Minnesota · 1955
- Simms v. FaganSupreme Court of Minnesota · 1943
- Trimpl v. MeyerSupreme Court of Iowa · 1955
- Fishman v. NielsenSupreme Court of Minnesota · 1952
17 more not listed; retrieve them via the Exa API.