Turrell v. Warren
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Bamsey county, under Gen; St. c. 75, § 1, to determine the adverse claims of the defendants to a portion of lot 6, in block 34, in the city of St. Paul, alleged in the complaint to be in the possession of the plaintiff.
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The plaintiff brought this action in the district court for Bamsey county, under Gen; St. c. 75, § 1, to determine the adverse claims of the defendants to a portion of lot 6, in block 34, in the city of St. Paul, alleged in the complaint to be in the possession of the plaintiff. The defendant Charles Harbert, in his separate answer, alleged title in fee and right of possession in himself, and a wrongful eviction by the plaintiff.The defendant Warren, in his separate answer, claimed to have a lien on the premises by virtue of a mortgage made to him by Bichard W. McCloud and John McCloud, jr.,…
1Opinion of the CourtCornell, J.
The claim interposed by the defendant Warren was that of a mortgage lien, which is not an estate or interest in land within the meaning of Gen. St. c. 75-, § 1, as it stood prior to its amendment in 1874. Laws 1874, c. 78. Gen. St. (1878) c. 75, § 2. As this action was commenced and tried under the original statute, it is evident that this claim presented no proper subject for adjudication in this form of action. Bidwell v. Webb, 10 Minn. 41 (59;) Brackett v. Gilmore, 15 Minn. 245. The judgment appealed from is, therefore, correct as to him, however erroneous, abstractly considered, may have…
2Cases cited9 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Coit v. HavenSupreme Court of Connecticut · 1861
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Thomson v. County of LeeSupreme Court of Iowa · 1867
- Prignitz v. FischerSupreme Court of Minnesota · 1860
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3Cited by7 opinions
- Davis v. HudsonSupreme Court of Minnesota · 1881
- Kommer v. HarringtonSupreme Court of Minnesota · 1901
- State ex rel. Child v. District Court of Chippewa CountySupreme Court of Minnesota · 1902
- Sodini v. SodiniSupreme Court of Minnesota · 1905
- Ballin v. LoebWisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.