Kean v. Connelly
Supreme Court of Minnesota
The plaintiff, as administrator of Samuel Connelly, deceased, brought this action in the district court for Dakota county, alleging in his complaint that his intestate, at the time of his death, in June, 1865, was the owner of an undivided two-thirds of certain described land in that county, of which the defendant claimed to own the other undivided one-third; that a large part of the land is grass-land, producing annually a large quantity of hay; that the defendant has used…
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The plaintiff, as administrator of Samuel Connelly, deceased, brought this action in the district court for Dakota county, alleging in his complaint that his intestate, at the time of his death, in June, 1865, was the owner of an undivided two-thirds of certain described land in that county, of which the defendant claimed to own the other undivided one-third; that a large part of the land is grass-land, producing annually a large quantity of hay; that the defendant has used and occupied the land, cut the grass thereon, and received all the rents and profits thereof, since the death of Samuel…
1Opinion of the CourtBerry, J.
Defendant and the plaintiff’s intestate were-tenants in common of certain parcels of land, the former own* ing an undivided two-thirds, the latter the remainder Defendant cut grass growing upon the land. This action is brought to recover one-third of the value of the same, “as-rents and profits” of the common property, received by defendant. It is not alleged or shown that defendant sold any of the grass; but the complaint alleges that the grass was cut- and taken by him, and that he “converted” it to his own use. As these allegations are not controverted, it may be assumed that the defendant…
2Cases cited11 opinions
- Hannan v. OsbornNew York Court of Chancery · 1834
- Israel v. IsraelCourt of Appeals of Maryland · 1869
- Pico v. ColumbetCalifornia Supreme Court · 1859
- Woolever v. KnappNew York Supreme Court · 1854
- Scott v. GuernseyNew York Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Petraborg v. ZontelliSupreme Court of Minnesota · 1944
- Carver v. FennimoreIndiana Supreme Court · 1888
- Hause v. HauseSupreme Court of Minnesota · 1882
- Shepard v. PettitSupreme Court of Minnesota · 1883
- Sons v. SonsSupreme Court of Minnesota · 1922
6 more not listed; retrieve them via the Exa API.