Brackett v. Gilmore
Supreme Court of Minnesota
This action was brought by the plaintiff in the district court for Pice county, who claimed to be in possession of certain real estate in that county, against the defendant as one claiming “an estate or interest therein, adverse to him, for the purpose of determining such adverse claim, estate or interest.” The cause was tried before a referee, who found for the defendant, and judgment was entered for the dismissal of the action, and for costs against the plaintiff.
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This action was brought by the plaintiff in the district court for Pice county, who claimed to be in possession of certain real estate in that county, against the defendant as one claiming “an estate or interest therein, adverse to him, for the purpose of determining such adverse claim, estate or interest.” The cause was tried before a referee, who found for the defendant, and judgment was entered for the dismissal of the action, and for costs against the plaintiff. The plaintiff appeals from such judgment to this court. The case is fully stated in the opinion of the court. I. —The conclusion…
1Opinion of the Court
Nipley, Ch. J.
By the Court This action is brought under ch. 75, sec. 1, of the General Statutes, by the plaintiff as the owner, and in possession by his tenants, of lots 4 and 5, block 58, in the town of Faribault, to determine an alleged estate and interest in, and lien of the defendant, upon the premises, adverse to the plaintiff, “ unlawful and unjust, but which casts a cloud upon the plaintiff’s title, and incumbers the record thereof.”
The answer puts in issue the ownership and possession of plaintiff, and denies that defendant claims any interest or estate in, or lien upon the premises,…
2Cases cited3 opinions
- Bidwell v. WebbSupreme Court of Minnesota · 1865
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- Camp v. SmithSupreme Court of Minnesota · 1858
3Cited by7 opinions
- Spratt v. PriceSupreme Court of Florida · 1881
- State ex rel. Barber Asphalt Paving Co. v. District CourtSupreme Court of Minnesota · 1903
- Turrell v. WarrenSupreme Court of Minnesota · 1878
- Davis v. County of Le SueurSupreme Court of Minnesota · 1887
- Kroshus v. County of HoustonSupreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.