Legal Opinion

Sanborn v. City of Minneapolis

Supreme Court of Minnesota

Decided June 25, 1886PublishedCited by 20 opinions

The plaintiff brought this action in the district court for Hennepin county, to determine the adverse claims of the defendants to a strip of land in the city of Minneapolis. The defendant the City of Minneapolis set up a dedication of the land in question as a public alley. The action was tried, without a jury, by Lochren, J., who directed judgment for the defendants.

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The plaintiff brought this action in the district court for Hennepin county, to determine the adverse claims of the defendants to a strip of land in the city of Minneapolis. The defendant the City of Minneapolis set up a dedication of the land in question as a public alley. The action was tried, without a jury, by Lochren, J., who directed judgment for the defendants. The facts appearing on the trial and found by the court were as follows: On July 27, 1874, one R. P. Johnson, then owner of the land in question, and his wife, duly executed and delivered the deed, referred to in the opinion as…

1Opinion of the CourtMitchell, J.

The first question in this case is whether the deed (Exhibit B) from Johnson to Strobeck conveyed the fee of, or only an easement in, the premises in controversy. It purports to be a deed between Johnson and wife, parties of the first part, and Strobeck, “and others who do and may own property along the within-described alley,” parties of the second part, conveying to the said parties of the second part the premises in question, which are declared to be “deeded for alley purposes; and whenever it ceases to be kept and used for said *317alley purposes, this title will be null and void.” Some parts…

2Cases cited1 opinion

  1. County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880

3Cited by20 opinions

  1. Nusbaum v. County of Blue EarthSupreme Court of Minnesota · 1988
  2. Nieting v. BlondellSupreme Court of Minnesota · 1975
  3. Bernards v. LinkOregon Supreme Court · 1953
  4. Foster v. City of DuluthSupreme Court of Minnesota · 1913
  5. Winston v. JohnsonSupreme Court of Minnesota · 1890

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