Legal Opinion

Feller v. Clark

Supreme Court of Minnesota

Decided January 12, 1887PublishedCited by 11 opinions

Plaintiff brought this action in the district court for St. Louis county, to determine defendant’s adverse claim to certain unoccupied land. The defendant denied plaintiff’s title, alleged title in himself under the tax proceedings recited in the opinion, and asked judgment declaring and adjudging him to be the owner. The action was tried by Stearns, J., who ordered judgment for the defendant, from which the plaintiff appeals.

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Plaintiff brought this action in the district court for St. Louis county, to determine defendant’s adverse claim to certain unoccupied land. The defendant denied plaintiff’s title, alleged title in himself under the tax proceedings recited in the opinion, and asked judgment declaring and adjudging him to be the owner. The action was tried by Stearns, J., who ordered judgment for the defendant, from which the plaintiff appeals. The premises in question are situate in sections 18 and 20, in township 55, range 21, and the only description in the published delinquent list claimed to be applicable…

1Opinion of the CourtBerry, J.

Action to determine an adverse claim to vacant and unoccupied real estate. Defence, a tax title under a judgment entered and sale had in proceedings under chapter 135, Laws 1881, to enforce payment of taxes delinquent in and prior to 1879. The judgment is found to have been regular upon its own face, but it is also found that the land in controversy is not mentioned or described in the published delinquent tax list on file in the office of the clerk of the district court of St. Louis county where the land lies. Section 73, chapter 11, Gen. St. 1878, enacts that, “when the last publication [of…

2Cases cited3 opinions

  1. Eastman v. LinnSupreme Court of Minnesota · 1879
  2. Sanborn v. CooperSupreme Court of Minnesota · 1883
  3. Knudson v. CurleySupreme Court of Minnesota · 1883

3Cited by11 opinions

  1. Smith v. KippSupreme Court of Minnesota · 1892
  2. Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
  3. Collier v. GoesslingCourt of Appeals for the Sixth Circuit · 1908
  4. Knight v. AlexanderSupreme Court of Minnesota · 1888
  5. Holmes v. LoughrenSupreme Court of Minnesota · 1906

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