Legal Opinion

Babcock v. Johnson

Supreme Court of Minnesota

Decided June 18, 1909No. Nos. 16,176—(153)PublishedCited by 2 opinions

Action, in the district court for Chisago county to determine adverse claims to real property. The defendants Markham answered that they were owners in fee simple of the property. The case was tried before Stolberg, J., who found that defendant James D. Markham was the owner of the land in fee simple. From an order denying plaintiff’s motion for a new trial, he appealed.

1Opinion of the CourtBrown, J.

Action to determine adverse claims to real property, in which, after trial before the court without a jury, judgment was ordered for defendants, and plaintiff appealed from an order denying a new trial.

Plaintiff relied, in proof of the allegations of his complaint that he was the owner in fee of the property in controversy, upon certain tax titles. It was conceded below, and is here, that defendants Markham have succeeded, by mesne conveyances, to the government title, and that they are the owners of the property in fee, unless their title has been divested by the tax proceedings relied upon…

2Cases cited8 opinions

  1. Kipp v. DawsonSupreme Court of Minnesota · 1884
  2. State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
  3. Sheehy v. HindsSupreme Court of Minnesota · 1880
  4. Sanborn v. CooperSupreme Court of Minnesota · 1883
  5. Holmes v. LoughrenSupreme Court of Minnesota · 1906

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3Cited by2 opinions

  1. State ex rel. Babcock v. County of ChisagoSupreme Court of Minnesota · 1911
  2. Scheinkman v. International Credit System, Inc.Supreme Court of Minnesota · 1969

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