Rathborne, Hair & Ridgway Co. v. Coffron

Appeal by plaintiff from an order denying a new trial after findings in favor of defendants.

The action was brought to determine the adverse claims of defendants to the merchantable timber standing and being upon certain lands in Itasca county. The answer denied plaintiff’s title to the timber or right to enter, cut or remove the same, and averred defendants’ sole ownership of both land and the timber thereon. Neither plaintiff nor defendants allege actual possession of the lands.

Of these facts there is no dispute:

On June 28, 1918, O. Wenaus, the owner of the land involved, executed and…