Byrne v. Hinds
Supreme Court of Minnesota
This action was brought in the district court for Scott county, “to determine adverse claim to real property,” and was tried by the court, without a jury, and resulted in a judgment for plaintiff. The defendant appeals therefrom to this court. The case is sufficiently stated in the opinion of the court.
1Opinion of the Court
*522 By the Court
Ripley, Ch. J.
This action is brought under oh. 75, seo. 1. Gen. Stat., for the purpose of determining an alleged adverse claim of appellant to land of which plaintiff alleges himself to be the owner and in possession. The judge by whom the case was tried without a jury found as to these matters that respondent at the commencement of' the action was seized in fee of the land in question, viz : w ½ n w ¼ sec. 26, T. 115, R. 21; that he resided upon and occupied it as his homestead from 1856, till about April, 1866, wffien he removed therefrom, temporarily, and with the intention of…
2Cases cited1 opinion
- Murphy v. HindsSupreme Court of Minnesota · 1870
3Cited by1 opinion
- Haworth v. NorrisSupreme Court of Florida · 1891