Miller v. Town of Corinna
Supreme Court of Minnesota
Ejectment for a strip of land, four rods wide, in 'Wright county. Defence that for more than 10 years immediately prior to suit brought (which was in March, 1889,) the defendant had been continuously in possession of the land in question, and had continuously worked it, kept it in repair, and used it as a public highway, and during all that time it had been travelled and in use by the public as a highway.
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Ejectment for a strip of land, four rods wide, in 'Wright county. Defence that for more than 10 years immediately prior to suit brought (which was in March, 1889,) the defendant had been continuously in possession of the land in question, and had continuously worked it, kept it in repair, and used it as a public highway, and during all that time it had been travelled and in use by the public as a highway. At the trial in the district court for Wright county, before Hooker, J., the defendant having introduced evidence tending to prove its answer, the plaintiffs, in rebuttal, offered to prove…
1Opinion of the CourtGileilian, C. J.
The question in this ease is as to the legal existence of a certain highway, claimed to have become such, not by having been regularly laid out in the manner pointed out in the statute, nor by a common-law dedication, but by user, under that part of ¡section 47, c. 13, Gen. St. 1878, which reads: “That when any road, •or portion thereof shall have been used, and kept in repair, and worked, for six years continuously, as a public highway, the same shall be deemed as having'been dedicated to the public, and be and remain, until lawfully vacated, a public highway, whether the same has ever been…
2Cases cited1 opinion
- State v. MessengerSupreme Court of Minnesota · 1880
3Cited by10 opinions
- Town of Wells v. SullivanSupreme Court of Minnesota · 1914
- Johnston v. LonstorfWisconsin Supreme Court · 1906
- Banse v. Town of ClarkSupreme Court of Minnesota · 1897
- Shinneman v. Arago TownshipSupreme Court of Minnesota · 1980
- Hansen v. Town of VerdiSupreme Court of Minnesota · 1901
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