Legal Opinion

McNamara v. Casserly

Supreme Court of Minnesota

Decided June 11, 1895No. Nos. 9199—(14)PublishedCited by 17 opinions

Action in the district court for Hennepin county by Bridget McNamara against Michael Gassefly, Minneapolis and St. Louis Railway Company, W. H. Truesdale, as receiver of said railway company, and others. After the trial and decision, the plaintiff having died, Thomas McNamara and others were substituted as plaintiffs. From an order, Hooker, J., denying a motion for a new trial, plaintiffs appealed.

1Opinion of the CourtCanty, J.

This is an action for partition, but the real purpose of the action is to try the title to eleven-twelfths of the real estate described in the complaint. The heirs of Michael Cassidy (or Casserly), some of whom are plaintiffs and the others defendants, claim that they are the owners of said eleven-twelfths, and that the defendants Beard and the railway company are the owners of the other one-twelfth of said real estate, while the railway company claims that it is the owner of the whole thereof. The railway company claims title (1) by reason of a tax title, (2) by reason of adverse possession,…

2Cases cited20 opinions

  1. Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
  2. Webster v. ReidSupreme Court of the United States · 1851
  3. Florentine v. BartonSupreme Court of the United States · 1865
  4. Davis v. HudsonSupreme Court of Minnesota · 1881
  5. Bardwell v. CollinsSupreme Court of Minnesota · 1890

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3Cited by17 opinions

  1. Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
  2. Fischer v. SklenarNebraska Supreme Court · 1917
  3. Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
  4. State Ex Rel. Anderson v. United States Veterans HospitalSupreme Court of Minnesota · 1964
  5. Bengtson v. SetterbergSupreme Court of Minnesota · 1949

12 more not listed; retrieve them via the Exa API.

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