Cluss v. Hackett
Supreme Court of Minnesota
Action of ejectment in the district court for Houston county. The answer set up title by adverse possession of one of the village lots described in the complaint and disclaimed title or possession to the other lot. The case was tried before Kingsley, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted.
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Action of ejectment in the district court for Houston county. The answer set up title by adverse possession of one of the village lots described in the complaint and disclaimed title or possession to the other lot. The case was tried before Kingsley, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted. Erom the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtBeowN, C. J.
Action in ejectment in which defendant set up title to the property by adverse possession. Defendant had a verdict in the court below, but upon motion the court directed the entry of judgment for plaintiff notwithstanding the verdict. Judgment was so entered and defendant appealed.
The only question presented is whether the evidence reasonably tends to support the defendant’s claim of title by adverse possession. Our examination of the record leads to the conclusion that it does -not. Defendant has been in the actual possession and occupancy of the premises for 13 years. To make up the…
2Cases cited4 opinions
- Johnson v. PetersonSupreme Court of Minnesota · 1903
- Olson v. BurkSupreme Court of Minnesota · 1905
- Mattson v. WarnerSupreme Court of Minnesota · 1911
- Mitchell v. GreenSupreme Court of Minnesota · 1914