Seeger v. Young
Supreme Court of Minnesota
Action in the district court for Ramsey county to determine adverse claims. The case was tried before Kelly, J., who made findings and ordered that the action be dismissed because of the pendency of a former action. From tbe judgment of dismissal, entered pursuant to tbe order, plaintiff appealed.
1Concurrence
Brown, O. J. Bunn, J.
We concur in the views expressed in the opinion save the conclusion that the action to determine adverse claims should be abated.
Our view of the question is that full and adequate relief cannot be granted a defendant in the Torrens proceeding, and he should not therefore be barred from the right to institute an independent action to determine his title to the property. No judgment affirming title in a defendant can be rendered in that proceeding, and for this reason the remedy is not full and complete. While it is true as stated in the opinion that findings should be made…
2Cases cited4 opinions
- Koch v. PetersWisconsin Supreme Court · 1897
- Reis v. ApplebaumMichigan Supreme Court · 1912
- Carr v. LyleMichigan Supreme Court · 1901
- Pratt v. HowardSupreme Court of Iowa · 1899