Sache v. Wallace
Supreme Court of Minnesota
Action in the district court for Ramsey- county against Ellen M. Gillette to determine adverse claims. Defendant failed to answer or demur, and pursuant to an order of Orr, J., a default judgment was entered in favor of plaintiff. Erom an order of Kelly, J., granting a motion of Emma L. Wallace to vacate the judgment as to a certain provision therein, plaintiff appealed.
1Opinion of the CourtBrown, J.
This action was brought under R. R. 1905, § 4424, to determine adverse claims to certain real property. The complaint, so far as here material, alleges that the plaintiff is the owner in fee simple of the land, which is described therein; that it is vacant and unoccupied; and that defendant claims some title or interest therein adverse to plaintiff. “Wherefore the plaintiff prays that he may be adjudged to be the owner in fee simple of the above described real estate, * * * .and that the defendant may be adjudged to have no right, title, interest or estate in said real estate * * * and that…
2Cases cited34 opinions
- NielsenSupreme Court of the United States · 1889
- Reynolds v. StocktonSupreme Court of the United States · 1891
- CuddySupreme Court of the United States · 1889
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Lewis v. . SmithNew York Court of Appeals · 1854
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3Cited by85 opinions
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- State Mortgage Corp. v. LudwigTexas Supreme Court · 1932
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- Robinette v. PriceSupreme Court of Minnesota · 1943
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