Austrian v. Davidson
Supreme Court of Minnesota
Action under the statute (Gen. Stat. ch. 75, § 1,) to determine the adverse claim of the defendants to certain real property in possession of the plaintiffs, and described in the opinion. The defendant Davidson alone answered the complaint, and a trial was had in the court of common pleas for Ramsey county, before Hall, J., resulting in a. judgment for the plaintiffs, from which the defendant Davidson appeals.
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Action under the statute (Gen. Stat. ch. 75, § 1,) to determine the adverse claim of the defendants to certain real property in possession of the plaintiffs, and described in the opinion. The defendant Davidson alone answered the complaint, and a trial was had in the court of common pleas for Ramsey county, before Hall, J., resulting in a. judgment for the plaintiffs, from which the defendant Davidson appeals. Both parties claim through one Randall as their common source of title,- the plaintiffs, by a deed from Randall to one Colby, which is set forth in the opinion,, and by sundry mesne…
1Opinion of the CourtBerry, J.
The deed from Randall to Colby, (a link in plaintiffs’ chain of title,) purports to convey “All the- following de'scribed piece or parcel of land, situate, lying and being in the county of Ramsey and Territory of Minnesota, and known and designated as follows, viz: Lot number fourteen (14,) in Block number twelve (12,) fronting on Jackson street, commencing at a stake fifty (50) feet from the corner of Jackson and Fifth streets, being fifty feet (50) front and rear, and one hundred and ten feet deep, more or less.”
As for aught that appears upon the face of the deed, there may be a parcel of…
2Cases cited3 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Craig v. Hawkins's heirsCourt of Appeals of Kentucky · 1808
3Cited by6 opinions
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Lucas v. Ganley Bros., Inc.Supreme Court of Minnesota · 1926
- Ambs v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Conter v. Saint Paul & Sioux City RailroadSupreme Court of Minnesota · 1877
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