Curtiss v. Livingston
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Bice county, to recover the possession of real property. The action was tried before a jury who disagreed, and thereafter the plaintiffs entered a dismissal of the action and served notice thereof upon the defendants. Upon plaintiffs’motion the court then struck the action from the calendar, and judgment of dismissal was entered, from which the defendants appeal.
1Opinion of the CourtBerry, J.
This is an action in the nature of ejectment for the recovery of 80 acres of land; the complaint alleging that the plaintiff is owner in fee-simple, and entitled to possession, and also “that the defendants are now, and for more than two years last past have been, wrongfully and unlawfully in possession.” The answer denies that defendants are or ever have been wrongfully or unlawfully in possession of said premises or any part thereof, and, after other specific denials not here important, denies “each and every allegation, matter, and thing in the complaint contained, not hereinbefore…
2Cases cited4 opinions
- Cragin v. . LovellNew York Court of Appeals · 1882
- Vassear v. . LivingstonNew York Court of Appeals · 1855
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- Larney v. MooneyCalifornia Supreme Court · 1875
3Cited by1 opinion
- Burt v. State Bank & Trust Co.Supreme Court of Minnesota · 1932