Gragg v. Empey
Supreme Court of Minnesota
Action in the district court for Dakota county to recover possession of certain premises and $1,000 for the wrongful retention there■of. The case was tried before Crosby, J., who made findings of fact and ordered judgment in favor of plaintiffs.
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Action in the district court for Dakota county to recover possession of certain premises and $1,000 for the wrongful retention there■of. The case was tried before Crosby, J., who made findings of fact and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the findings in favor of plaintiffs, and from an order denying a motion for an order vacating the judgment and amending the conclusions of law and order for judgment or for a new trial, defendants Francis L. Ware and Elma C. Ware appealed.
1Opinion of the CourtLewis, J.
Respondents commenced this action against appellants for the purpose of ejecting them from possession of the undivided five-sixths of a quarter section of land in Dakota county. Judgment was entered for respondents, whereupon appellants made a motion for a new trial upon the ground of newly discovered evidence.
It was conceded at the trial that respondents were the owners in fee as the surviving widow and heirs of Levi Gragg, and that appellant Francis L. Ware had acquired title to an undivided one-sixth interest from ond of the Gragg heirs, not one of respondents. The alleged newly discovered…
2Cited by1 opinion
- Miszewski v. BaxterSupreme Court of Minnesota · 1918