Parker v. Minneapolis & St. Louis Railroad
Supreme Court of Minnesota
Action in the district court for Freeborn county for the recovery of real estate. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
COLLINS, J.1
It was perfectly proper in this action in ejectment for the plaintiff to allege in his complaint that he was the owner of the real property in question. The word “owner” includes any person who has usufruct, control, or occupation of real estate, whether his interest in it is an absolute fee, or an estate for years under a lease. 17 Am. & Eng. Enc. 299, and citations. The plaintiff was a tenant for a term of years, and this term had not expired when the defendant wrongfully dispossessed him, according to the allegations in the complaint. There was no inconsistency between the…
2Cases cited1 opinion
- Merrill v. DearingSupreme Court of Minnesota · 1891
3Cited by12 opinions
- Guild v. PrentisSupreme Court of Vermont · 1910
- Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- Texas Bank Trust Co. of Beaumont v. SmithTexas Supreme Court · 1917
- Binhoff v. StateOregon Supreme Court · 1907
- State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930
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