McCasland v. Township of Walworth
Supreme Court of Minnesota
Action in the district court for Becker county to restrain defendants from entering upon the premises of plaintiff and doing any work thereon. The case was tried before Boeser, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion for amended conclusions of law was denied. From the judgment entered pursuant to the order for judgment, defendant township appealed.
1Opinion of the CourtSchaller, J.
Suit for an injunction to prevent the defendant Township of Walworth and William Davis, a contractor, from removing and tearing down plaintiff’s fences and grading his lands for a public highway.
Plaintiff since 1901 has been the owner and in actual occupancy of the southwest quarter of section 21 in the town of Walworth, county of Becker, Minnesota, upon which land he has continuously resided.
In March, 1902, the town board of the township of Walworth duly laid out a public highway two miles long and four rods wide beginning at the northeast corner of section 28 and running west on the section…
2Cases cited2 opinions
- Miller v. Town of CorinnaSupreme Court of Minnesota · 1890
- Rees v. HennSupreme Court of Iowa · 1882
3Cited by2 opinions
- Hrdlicka v. HabermanSupreme Court of Minnesota · 1918
- John A. Stees Co. v. ReinhardtSupreme Court of Minnesota · 1919