Legal Opinion

Foster v. City of Duluth

Supreme Court of Minnesota

Decided February 14, 1913No. Nos. 17,904—(241)PublishedCited by 42 opinions

Action of ejectment in the district court for St. Louis county. The case was tried before Dibell, J., who made findings and ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

1Opinion of the CourtNunn, J.

This is an action in ejectment to recover the possession of eight lots in Duluth. The complaint alleged that plaintiff was the owner in fee, and. that defendant was wrongfully in possession. The answer denied that plaintiff was the owner, admitted defendant’s possession, and alleged that defendant was the owner in fee of the property. The trial resulted in a decision in favor of defendant, and plaintiff appealed from an order denying a new trial.

The ultimate question involved is whether plaintiff or defendant is the owner of the property. The facts are as follows: Prior to July 17, 1905,…

2Cases cited10 opinions

  1. Gasaway v. City of SeattleWashington Supreme Court · 1909
  2. County of Martin v. DrakeSupreme Court of Minnesota · 1889
  3. City of Puyallup v. LakinWashington Supreme Court · 1907
  4. Chauncey v. WassSupreme Court of Minnesota · 1885
  5. County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880

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3Cited by42 opinions

  1. Childress County v. StateTexas Supreme Court · 1936
  2. State v. LockeNew Mexico Supreme Court · 1923
  3. Village of Hibbing v. Commissioner of TaxationSupreme Court of Minnesota · 1944
  4. Crockett, Secy. of State v. Salt Lake CountyUtah Supreme Court · 1928
  5. City of Portland v. Multnomah CountyOregon Supreme Court · 1931

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