Myrick v. Coursalle
Supreme Court of Minnesota
Action under Gen. St. 1878, c. 75, § 2, to determine adverse claims to vacant and unoccupied real property, the defendants, in their several answers, denying .plaintiff’s title, and each alleging title in himself to a part of the land; the defendant Engerud asking judgment that plaintiff take nothing by the action, and for costs; and the defendant Matilda Shilloek asking judgment that plaintiff have no interest in the property, that her title be confirmed as against…
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Action under Gen. St. 1878, c. 75, § 2, to determine adverse claims to vacant and unoccupied real property, the defendants, in their several answers, denying .plaintiff’s title, and each alleging title in himself to a part of the land; the defendant Engerud asking judgment that plaintiff take nothing by the action, and for costs; and the defendant Matilda Shilloek asking judgment that plaintiff have no interest in the property, that her title be confirmed as against plaintiff, and for general relief. The action was sent to a referee to report the facts, and was thereafter heard in the…
1Opinion of the CourtBerry, J.
In the action given by the statute for the determination of adverse claims to “vacant and unoccupied” land, the plaintiff must allege in his complaint, and in ease of contest show upon the trial, some title to the land; otherwise he does not put himself in a position to attack any claim of any other person to the same. Walton v. Perkins, 28 Minn. 413. In the present action, which is of the description mentioned, the only finding in reference to any title of plaintiff is that a guardian of certain minors, “having been licensed to sell all the land in dispute in this case” by a probate court,…
2Cases cited2 opinions
- Walton v. PerkinsSupreme Court of Minnesota · 1881
- Herrick v. MarotteSupreme Court of Minnesota · 1883
3Cited by20 opinions
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
- Holmes v. Lilygren Motor Co. Inc.Supreme Court of Minnesota · 1937
- Herrick v. ChurchillSupreme Court of Minnesota · 1886
- Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
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