Freeman v. Brewster
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Polk county, Ives, J., denying a motion for a new trial. Plaintiff having alleged and proved a legal title defendants cannot prevail by showing an equitable title.
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Appeal by plaintiff from an order of the district court for Polk county, Ives, J., denying a motion for a new trial. Plaintiff having alleged and proved a legal title defendants cannot prevail by showing an equitable title. McClane v. White, 5 Minn. 178 (190); Williams v. Murphy, 21 Minn. 534; Merrill v. Dearing, 47 Minn. 137; Stuart v. Lowry, 49 Minn. 91. Defendants have not sufficiently pleaded their equitable title to entitle them to recover upon proof of an equitable title. Corbett v. Wood, 32 Minn. 509; Williams v. Murphy, supra; Smelting v. Kemp, 104 U. S. 636; Baldwin v. Stark, 107 U.…
1Opinion of the CourtCollins, J.
This was an action of ejectment, 40 acres of land being involved. The complaint alleged that on and prior to July 24, 1895, the St. Paul, Minneapolis & Manitoba Railway Company, a corporation, was the owner in fee of this tract; that upon this day said corporation duly sold, and by warranty deed duly conveyed, the premises to plaintiff; that she has ever since been and now is the owner thereof, and was and is lawfully entitled to possession; and that defendants are wrongfully and unlawfully in possession, which they refuse to surrender. From this complaint it appeared that plaintiff held the…
2Cases cited5 opinions
- Derby v. GallupSupreme Court of Minnesota · 1860
- Stuart v. LowrySupreme Court of Minnesota · 1892
- Kipp v. BullardSupreme Court of Minnesota · 1882
- Merrill v. DearingSupreme Court of Minnesota · 1891
- Williams v. MurphySupreme Court of Minnesota · 1875
3Cited by9 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- McArthur v. ClarkSupreme Court of Minnesota · 1902
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Olson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1903
- Atwater v. SpaldingSupreme Court of Minnesota · 1902
4 more not listed; retrieve them via the Exa API.