Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.
Supreme Court of Minnesota
Appeal by plaintiff, the Minneapolis Mill Company, from ah order of the District Court of Hennepin County, Lochren, J., made February 20, 1892, refusing a new trial. This action was brought by the plaintiff to recover the possession of 11,900 square feet of land in the “Milling District” of Minneapolis, occupied by the tracks of the defendant, the Minneapolis and St. Louis Railway Company. The action was tried October 26, 1891, before the Judge, a jury being waived.
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Appeal by plaintiff, the Minneapolis Mill Company, from ah order of the District Court of Hennepin County, Lochren, J., made February 20, 1892, refusing a new trial. This action was brought by the plaintiff to recover the possession of 11,900 square feet of land in the “Milling District” of Minneapolis, occupied by the tracks of the defendant, the Minneapolis and St. Louis Railway Company. The action was tried October 26, 1891, before the Judge, a jury being waived. The court decided that the defendant was entitled to the possession of the land in dispute, and ordered judgment accordingly. By…
1Opinion of the CourtMitchell, J.
This action, which is one in ejectment, was before this court on a former appeal. 46 Minn. 330, (48 N. W. Rep. 1132.)
On the first trial the district court held that the defendant had acquired title by dedication to a public use. On the last trial it held, in substance, that it had acquired title through a parol contract or agreement with the plaintiff. The principal question is whether this finding was justified by the evidence.
It is conceded that the title to the land was originally in the plaintiff, and, of course, still is, unless it has in some way transferred it to the defendant. It is…
2Cases cited3 opinions
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Watson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Minneapolis Mill Co. v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1891
3Cited by40 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Briggs v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1957
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- McGovern v. HaysSupreme Court of Vermont · 1902
- Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
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