Herrick v. Churchill
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Morrison county, entered upon the report of a referee.
1Opinion of the CourtMitchell, J.
Action to determine an adverse claim to vacant or unoccupied real estate, brought under the second clause of Gen. St. 1878, c. 75, § 2, which reads: “And any person having or claiming title to vacant or unoccupied real estate may bring an action against any person claiming an estate or interest therein adversé to him, for the purpose of determining such adverse claim, and the rights of the parties respectively.”
The complaint alleges that the plaintiff “claims title in fee-simple,” but contains no allegation that he has, in fact, any title to, or interest in, the premises. The answer admits…
2Cases cited1 opinion
- Myrick v. CoursalleSupreme Court of Minnesota · 1884
3Cited by14 opinions
- Nieting v. BlondellSupreme Court of Minnesota · 1975
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Kjolsrud v. MKB Management Corp.North Dakota Supreme Court · 2003
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