Legal Opinion

Donohue v. Ladd

Supreme Court of Minnesota

Decided November 24, 1883PublishedCited by 17 opinions

Action in the district court for Renville county to determine the adverse claims of the defendants Ladd, Stearns and Sawyer, to an interest in and lien upon certain real estate in that county. The complaint is in the form usual' in such actions.

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Action in the district court for Renville county to determine the adverse claims of the defendants Ladd, Stearns and Sawyer, to an interest in and lien upon certain real estate in that county. The complaint is in the form usual' in such actions. The separate answer of defendant Ladd denies any title or interest in plaintiff, alleges title in fee in defendant Stearns, an attachment of the land in a suit by himself against Stearns, before, plaintiff acquired any interest in it, and a subsequent assignment for the benefit of creditors, “under the insolvent laws of said state,” made by defendant…

1Opinion of the CourtMitchell, J.

General Statutes 1866, c. 75, provided: “Section 1. An action may be brought by any person in possession, by him-self or his tenant, of real property, against any person who claims ■an estate or interest therein adverse to him, for the purpose of determining such adverse claim, estate, or interest. Sec. 2. If the defendant in such action disclaims in his answer any interest or estate in the property, the plaintiff cannot recover costs.” By chapter 72, Laws 1867, section 1 was amended by adding the following: “Any person having or claiming title to vacant or unoccupied real estate may bring an…

2Cases cited3 opinions

  1. Perkins v. MorseSupreme Court of Minnesota · 1882
  2. Hodgins v. HeaneySupreme Court of Minnesota · 1870
  3. Langdon v. ThompsonSupreme Court of Minnesota · 1879

3Cited by17 opinions

  1. Gau v. HylandSupreme Court of Minnesota · 1950
  2. State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
  3. Wright v. LeeSouth Dakota Supreme Court · 1893
  4. Alt v. GraffSupreme Court of Minnesota · 1896
  5. Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1891

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