Daley v. City of Saint Paul
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT Off RAMSEY COUNTY. The following is a copy of the complaint in this action : The complaint of Bridget 0. Daley, Plaintiff in this action, against the City of St. Paul, Defendant herein, shows to the Court,— That this Plaintiff is now and for a long time heretofore has been the owner in fee of the following described lands and real estate situate in the County of Ramsey in the State of Minnesota, to wit: lots five (5), six (6), seven (7), eight…
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ERROR TO THE DISTRICT COURT Off RAMSEY COUNTY. The following is a copy of the complaint in this action : The complaint of Bridget 0. Daley, Plaintiff in this action, against the City of St. Paul, Defendant herein, shows to the Court,— That this Plaintiff is now and for a long time heretofore has been the owner in fee of the following described lands and real estate situate in the County of Ramsey in the State of Minnesota, to wit: lots five (5), six (6), seven (7), eight (8), twenty-two (22), twenty-three (23), twenty-four (24), and twenty-five (25), in Thos. Daley’s subdivision of block two…
1Opinion of the Court
By the Court
FlaNDeau, J.
The general allegation of title in fee in the Plaintiff, at and previous to the commencement of the action, is sufficient to entitle her to maintain a suit for damages assessed to land in laying out a street. If there are any outstanding interests in the land which would carry with them the right to receive these damages, or any assignment of them to another, such matter should be pleaded in the answer, to show that the Plaintiff is not the real party in interest; frvma fade, the fee would carry with it the right to recover the damages.
The Legislature has the undoubted…
2Cases cited1 opinion
- Adams v. MillsNew York Court of Appeals · 1875
3Cited by13 opinions
- County Court v. GriswoldSupreme Court of Missouri · 1874
- Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
- State ex rel. Wingate v. ValléSupreme Court of Missouri · 1867
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
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