Cartwright v. Hall
Supreme Court of Minnesota
'Action in the district court for Wabasha county to determine the adverse claims of defendants to certain land, alleged in the complaint to be vacant and unoccupied. The case was tried before Snow, J., who, upon the conclusion of plaintiff’s testimony, granted defendants’ motion to dismiss the action. From a judgment of dismissal, plaintiff appealed.
1Opinion of the CourtCollins, J.
1. It was incumbent upon the plaintiff in this action to establish upon the trial the two material allegations of fact found in his complaint: First, his title to the lots as an alleged owner; second, that they were vacant and unoccupied, unless the defendants had waived all objection to the form of action, and had asked an adjudication of their rights to the property on the merits.
2. In their answer, defendants George B. Hall and Electa, his wife, denied that plaintiff was the owner of either of the lots in *350question, and also denied that either or both were vacant and unoccupied. They…
2Cases cited4 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Mitchell v. McFarlandSupreme Court of Minnesota · 1891
- Craver v. ChristianSupreme Court of Minnesota · 1885
- Zundel v. BaldwinSupreme Court of Alabama · 1896
3Cited by4 opinions
- Petrelli v. City of New HavenSupreme Court of Connecticut · 1933
- Madler v. KerstenWisconsin Supreme Court · 1920
- Mardorf v. Duluth-Superior Transit Co.Supreme Court of Minnesota · 1934
- Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.Supreme Court of Minnesota · 1902