Godfrey v. Valentine
Supreme Court of Minnesota
Appeal by defendant, William J. Valentine, from an order of the District Court of Eamsey County, Egan, J„ made October 20, 1891, ■striking from the files and vacating his demand for a second trial under 1878 G. S. ch. 75, § 11. After the decision of this case, 45 Minn. 502, a remittitur was issued, and plaintiff, William J. Godfrey, had judgment entered in the trial court May 2, 1891. It adjudged that he had an estate in fee simple in lots nine (9) and sixteen (16) of Hoyt’s…
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Appeal by defendant, William J. Valentine, from an order of the District Court of Eamsey County, Egan, J„ made October 20, 1891, ■striking from the files and vacating his demand for a second trial under 1878 G. S. ch. 75, § 11. After the decision of this case, 45 Minn. 502, a remittitur was issued, and plaintiff, William J. Godfrey, had judgment entered in the trial court May 2, 1891. It adjudged that he had an estate in fee simple in lots nine (9) and sixteen (16) of Hoyt’s Outlots in St. Paul, free and discharged of all right, title, and claim of defendant. It also enjoined defendant from…
1Opinion of the CourtGileillan, C. J.
This court has always construed the statute relating to a second trial of actions (.1878 G. S. ch. 75, § 11) as giving such right only in actions which, whatever their form, are in substance actions in ejectment; that is, for the recovery of possession. Had the statute intended to give it in all actions where the title to real estate is involved and is determined, it would have used different language. No doubt an action to determine adverse claims may become an action in substance similar to ejectment if the plaintiff be in possession, and the defendant demand, on the allegations of his…
2Cited by5 opinions
- Phillips v. MoSupreme Court of Minnesota · 1905
- Bracken v. TronesSupreme Court of Minnesota · 1912
- McRoberts v. McArthurSupreme Court of Minnesota · 1897
- Schons v. Village of KelloggSupreme Court of Minnesota · 1895
- Tew v. WebsterSupreme Court of Minnesota · 1908