Todd v. Johnson
Supreme Court of Minnesota
Appeal by Andrew J. Finnegan, one of the defendants, from a judgment of the District Court of Meeker County, Gorham Poiuers, J., entered July 29,1893, quieting and confirming the title of plaintiff, William P. Todd, to eighty acres of land in that county. Ole Eidem owned the land and on April 15, 1876, mortgaged it to George F. Snow with power of sale in case of default in payment of the debt secured.
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Appeal by Andrew J. Finnegan, one of the defendants, from a judgment of the District Court of Meeker County, Gorham Poiuers, J., entered July 29,1893, quieting and confirming the title of plaintiff, William P. Todd, to eighty acres of land in that county. Ole Eidem owned the land and on April 15, 1876, mortgaged it to George F. Snow with power of sale in case of default in payment of the debt secured. He made default, and the land was sold by the sheriff under the power February 1, 1879, pursuant to notice, and was bid in by Snow. The mortgagor failed to redeem, but his judgment creditors…
1Opinion of the CourtVanderburgh, J.
In this action to determine an adverse claim of defendant, the plaintiff alleges possession and title. The defendant, in addition to a general denial, sets up title in himself, and asks an affirmative judgment. The answer thereby presents an independent claim for adjudication. This is a waiver of strict proof of *64possession, and is a consent to try the controversy over the title on its merits. This disposes of the first assignment of error. Hooper v. Henry, 31 Minn. 265, (17 N. W. 476.)
The issues herein were framed in 1888, hut upon the trial the defendant, over the objections of the…
2Cases cited4 opinions
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Sprague v. MartinSupreme Court of Minnesota · 1882
- Hooper v. HenrySupreme Court of Minnesota · 1883
- Todd v. JohnsonSupreme Court of Minnesota · 1892
3Cited by6 opinions
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Bartleson v. MunsonSupreme Court of Minnesota · 1908
- Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933
- Grant v. BibbSupreme Court of Minnesota · 1915
- Union Central Life Insurance v. PageSupreme Court of Minnesota · 1933
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