Kretz v. Fireproof Storage Co.
Supreme Court of Minnesota
Action in the district'court for Ramsey county to enjoin defendant from using a certain passway 12 feet wide on the easterly side of the northerly 65 feet of lot 6 mentioned in the opinion. The case was tried before Catlin, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for an amendment of the findings and for a new trial, defendant appealed.
1Opinion of the Court
Dallam, T.
Action to enjoin defendant from using a right of way.
The facts may be more easily understood by reference to the diagram on page 306.
In 1866 John L. Merriam owned lots 6, 7 and 8, block 23, St. Paul Proper. These lots are each 50 x 150 feet, fronting on Fourth street, and together they form a tract 150 feet square on the southeast corner of Fourth and Wabasha streets. On October 30, 1866, Merriam deeded to one party the north 60 feet, and to another the south 25 feet, of the south 85 feet of the west 38 feet of lot 6. Both deeds conveyed also “a perpetual right of way over and upon…
2Cases cited13 opinions
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Greene v. CannyMassachusetts Supreme Judicial Court · 1884
- Williams v. SwetlandSupreme Court of Iowa · 1859
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Quinn v. StoneIdaho Supreme Court · 1954
- Minneapolis Athletic Club v. CohlerSupreme Court of Minnesota · 1970
- Rhodes Cemetery Ass'n v. MillerWest Virginia Supreme Court · 1940
- Bruns v. WillemsSupreme Court of Minnesota · 1919
6 more not listed; retrieve them via the Exa API.