Ross v. Cale
Supreme Court of Minnesota
Action in the district court for Stearns county to determine the adverse claim of defendant to land in possession of plaintiff. Plaintiff, the grantee of Robert Ross, the original owner, claimed title by adverse possession under a tax certificate subsequently issued and afterwards purchased by him.
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Action in the district court for Stearns county to determine the adverse claim of defendant to land in possession of plaintiff. Plaintiff, the grantee of Robert Ross, the original owner, claimed title by adverse possession under a tax certificate subsequently issued and afterwards purchased by him. Defendant claimed title by virtue of a sale of the land under an execution issued upon a judgment against Robert Ross which was an existing lien at the time of the execution of the latter’s deed to plaintiff. Prior to his conveyance to plaintiff, Robert Ross had given a mortgage upon the land to…
1Opinion of the CourtLovely, J.
Action to determine adverse claims to real estate, plaintiff being in possession. The court, as a finding of fact, determined that defendant had no right or interest in the property, and held, as a conclusion of law, that he was entitled to judgment to that effect. This appeal is from a motion denying a new trial.
Defendant criticises the action of the trial court in failing to find specifically upon the question of plaintiff’s alleged adverse possession, which was litigated at the trial. There was no request for further instructions upon this issue, and, under the view adopted by this court,…
2Cases cited3 opinions
- Dean v. GoddardSupreme Court of Minnesota · 1893
- Sage v. RudnickSupreme Court of Minnesota · 1897
- Barber v. RobinsonSupreme Court of Minnesota · 1901
3Cited by2 opinions
- Ehle v. ProsserSupreme Court of Minnesota · 1972
- Konantz v. SteinSupreme Court of Minnesota · 1969