Smith v. Gibson
Supreme Court of Minnesota
An appeal was taken in this case by the defendant from the judgment of the district court of Dakota county. The trial was had before the court without a jury, and a bill of exceptions was settled and allowed. The findings of the court below appear substantially in the opinion of the court, with such matters from the bill of exceptions as are necessary to give a full understanding of the case, which render a further statement unnecessary.
1Opinion of the Court
Ripley, Cu. J.
By the Court The plain tiff in this action demands restitution of the possession of certain land; assessment of damages for an alleged wrongful eviction therefrom and withholding possession thereof; and for rents, use and occupation thereof; application of sufficient to discharge an alleged balance of purchase price of said land, judgment for the residue and treble damages; and that defendant should convey said land to him.
The action was commenced August 2d, 1866. On a trial by the court on the 23d day of September, A. D. 1868, the following facts were found in substance, viz:…
2Cases cited1 opinion
- Green v. WinterNew York Court of Chancery · 1814
3Cited by4 opinions
- Schlieman v. BowlinSupreme Court of Minnesota · 1886
- Rice v. RiceSupreme Court of Alabama · 1917
- Slosson v. FergusonSupreme Court of Minnesota · 1884
- Hiatt v. YerginIndiana Court of Appeals · 1972