City of Winona v. Huff
Supreme Court of Minnesota
This action was brought in the District Court for Winona county, to recover possession of block number 104, in the City of Winona, claimed by plaintiff as a public square. Issue was joined in the action, and the cause tried before a referee. Sundry exceptions were taken to the rulings of the referee upon the trial, in regard to testimony admitted or offered, which with the testimony objected to, so far as material, appear in the opinion of the court.
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This action was brought in the District Court for Winona county, to recover possession of block number 104, in the City of Winona, claimed by plaintiff as a public square. Issue was joined in the action, and the cause tried before a referee. Sundry exceptions were taken to the rulings of the referee upon the trial, in regard to testimony admitted or offered, which with the testimony objected to, so far as material, appear in the opinion of the court. The -facts as .found by the referee in his report are substantially as follows : . That the plaintiff is a municipal corporation, duly…
1Opinion of the Court
By the Gowrt
McMillan, J.
This is an aetion brought by the City of Winona to recover possession of certain premises claimed as a public square in said city. The title of the plaintiff to the premises is based upon an alleged dedication by the defendant under Ch. 26, Comp. Stat., page 369.
It appeared from the record existing in the office of the register of deeds at the time of the trial,- that a plat or map, embracing the premises 'in question was recorded, but not accompanied with a surveyor’s certificate, or certificate of acknowledgment. To entitle the plat to be recorded, or con*128stitute a…
2Cases cited5 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Baker v. City of St. PaulSupreme Court of Minnesota · 1863
- Weisberger v. TennySupreme Court of Minnesota · 1863
3Cited by20 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Carter v. City of PortlandOregon Supreme Court · 1873
- Cook v. TottenWest Virginia Supreme Court · 1901
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Hanson v. EastmanSupreme Court of Minnesota · 1875
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