Gaston v. Merriam
Supreme Court of Minnesota
Plaintiff; claiming to be the owner and in possession of the land in controversy, brought this action in the district court for Ramsey county to determine the adverse claims of the defendants thereto. The defendants pleaded title in themselves, and prayed for judgment accordingly. After the commencement of the action, the defendant Merriam acquired all the title and interest of the other defendants.
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Plaintiff; claiming to be the owner and in possession of the land in controversy, brought this action in the district court for Ramsey county to determine the adverse claims of the defendants thereto. The defendants pleaded title in themselves, and prayed for judgment accordingly. After the commencement of the action, the defendant Merriam acquired all the title and interest of the other defendants. The action was tried by Brill, J., who found that the defendant Merriam is the owner of the land in controversy, and ordered judgment accordingly. Plaintiff appeals from an order refusing a new…
1Opinion of the CourtMitchell, J.
The matter in issue is the title to “the west half of the south-east quarter of the south-west quarter of section twenty-five, township twenty-nine (29) north, of range twenty-three (23) west.” The plaintiff claims the premises both under the patent title and also under three tax deeds. The defendant claims under the patent title. This will be the first in order to be considered.
I. It is conceded that the land was conveyed by the United States by patent to one Charles R. Conway, who conveyed it in February, 1852, to one Yetal Guerin, under whom, as their common source of title, both parties…
2Cases cited22 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Henderson's TobaccoSupreme Court of the United States · 1871
- Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Lewis v. StoutWisconsin Supreme Court · 1867
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3Cited by55 opinions
- Commonwealth v. CurrySupreme Court of Pennsylvania · 1926
- Bullard v. HolmanSupreme Court of Georgia · 1937
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Jobb v. County of MeagherMontana Supreme Court · 1898
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
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