Bena Townsite Co. v. Sauve
Supreme Court of Minnesota
Action in ejectment in the district court for Cass county. From an order, McClenahan, J., overruling defendants’ demurrer to the complaint, they appealed.
1Opinion of the CourtBrown, J.
Appeal from an order overruling a general demurrer to plaintiff’s complaint. The action is in ejectment, and the complaint contains the following allegations: (1) That plaintiff is a corporation; (3) “'that plaintiff is the owner in fee of the following described real estate, situated in Cass county, Minnesota, to wit; * * * (3) that defendants are in possession thereof, and withhold the -same from plaintiff. Wherefore plaintiff demands judgment,” etc.
The objection made to the complaint is that it contains ho allegation either that plaintiff is “entitled to the possession” of the property or…
2Cases cited4 opinions
- Baker v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1886
- Hyde v. MoffatSupreme Court of Vermont · 1844
- Coffman v. ChristensonSupreme Court of Minnesota · 1907
- Cordill v. Minnesota Elevator Co.Supreme Court of Minnesota · 1903