Berryhill v. Clark
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover possession of certain real estate and to determine that plaintiff was the owner thereof in fee simple. The answer admitted that defendant was in possession thereof as tenant of Margaret P. Berryhill. The latter intervened and in her complaint in intervention set up the facts relating to plaintiff’s deed which are stated in the opinion and alleged that she was owner of the premises in fee simple.
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Action in the district court for Ramsey county to recover possession of certain real estate and to determine that plaintiff was the owner thereof in fee simple. The answer admitted that defendant was in possession thereof as tenant of Margaret P. Berryhill. The latter intervened and in her complaint in intervention set up the facts relating to plaintiff’s deed which are stated in the opinion and alleged that she was owner of the premises in fee simple. The case was tried before Michael, J., who made findings and as conclusion of law adjudged intervener to be the owner of the premises, without…
1Opinion of the Court
Taylor, C.
Plaintiff and intervener are husband and wife but apparently are not now living together. They were married in 1886 and resided at number 541 on Portland avenue in the city of St. Paul until 1903, when they removed to another part of the city. The present controversy *136is as to whether their former home is the property of the plaintiff or of the intervener. The trial court found that it is the property of the intervener, and plaintiff appealed from an order denying a new trial.
The title ivas originally in plaintiff, but the court found that, shortly before the parties removed from the…
2Cases cited5 opinions
- Eslow v. MitchellMichigan Supreme Court · 1873
- Newman v. Springfield Fire & Marine InsuranceSupreme Court of Minnesota · 1871
- Towle v. ShererSupreme Court of Minnesota · 1897
- Raynor v. NortonMichigan Supreme Court · 1875
- Masterson v. HarrisCourt of Appeals of Texas · 1904
3Cited by1 opinion
- Buffalo Insurance Co. v. United Parking Stations, Inc.Supreme Court of Minnesota · 1967