Bonham v. Weymouth
Supreme Court of Minnesota
Appeal by defendants from an order of tbe district court for Hen-nepin county, Young, J., presiding, refusing a new trial. Exhibits A and B, and Exhibit E, (extract from published delinquent list,! referred to in the oninion, are as follows: “Exhibit A. “State oe MinNesota, Auditob’s Oeeioe.
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Appeal by defendants from an order of tbe district court for Hen-nepin county, Young, J., presiding, refusing a new trial. Exhibits A and B, and Exhibit E, (extract from published delinquent list,! referred to in the oninion, are as follows: “Exhibit A. “State oe MinNesota, Auditob’s Oeeioe. “St. Paul, Aug. 10, 1866. “To the several County Auditors in the State of Minnesota: “GentlemeN: You will notice by the provision of section 156, chapter 11, of the General Statutes, that all lands forfeited to the state for the non-payment of taxes prior to the first day of June, A. D. 1865, and…
1Opinion of the CourtMitchell, J.
This was an action for partition of real property of which the plaintiff alleges she owns one undivided third, and the defendant the other two-thirds. The answer denies that plaintiff owns any part of the premises, and alleges that defendant owns the whole.
1. The defendant makes the point that the issue of adverse claim of title cannot be tried in an action for partition. The old rule undoubtedly was that the applicant for partition must be actually *96or constructively in possession of the premises sought to be divided,, and that, if it was held adversely to him, a court of equity would remit…
2Cases cited7 opinions
- McCormick v. FitchSupreme Court of Minnesota · 1869
- Kipp v. JohnsonSupreme Court of Minnesota · 1884
- Eastman v. LinnSupreme Court of Minnesota · 1879
- Cogel v. RaphSupreme Court of Minnesota · 1877
- Collins v. WelchSupreme Court of Minnesota · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hanson v. IngwaldsonSupreme Court of Minnesota · 1899
- Chouteau v. HuntSupreme Court of Minnesota · 1890
- Coyle v. DueNorth Dakota Supreme Court · 1914
- Peterson v. St. Paul Real Estate & Investment Co.Supreme Court of Minnesota · 1911
- Hasey v. DodgeSupreme Court of Minnesota · 1915
3 more not listed; retrieve them via the Exa API.