County of Houston v. Burns
Supreme Court of Minnesota
Action in ejectment in the district court for Houston county to recover a strip of land about one rod in width on the south boundary of a 40-acre tract. The case was tried before Kingsley, J., who at the close of the testimony directed the jury to return a verdict in favor of defendant. From the judgment entered pursuant to the verdict, plaintiff appealed.
1Opinion of the CourtHolt, J.
In May, 1902, the plaintiff, the county of Houston, bought 40 acres of land from one McCarthy for a poor farm. The deed described the land conveyed thus: “The southeast quarter of the northwest quarter [of] section 23, township 102 north of range 6 west.” The defendant, and his father before him, owned and occupied the 40 immediately south of the land plaintiff bought. The complaint alleges plaintiff and defendant to be the respective owners of the two 40-acre tracts, describing them by government subdivision, but alleges that the boundary line between the same was established and recognized…
2Cases cited3 opinions
- Beardsley v. CraneSupreme Court of Minnesota · 1893
- Benz v. City of St. PaulSupreme Court of Minnesota · 1903
- Nadeau v. JohnsonSupreme Court of Minnesota · 1914
3Cited by5 opinions
- Fishman v. NielsenSupreme Court of Minnesota · 1952
- Kief v. MillsSupreme Court of Minnesota · 1920
- Einung v. SchlopkohlSupreme Court of Minnesota · 1915
- Magnuson v. City of White Bear LakeSupreme Court of Minnesota · 1973
- Ruikkie v. NallCourt of Appeals of Minnesota · 2011