Legal Opinion

Wilson v. Red Wing School District

Supreme Court of Minnesota

Decided April 6, 1876PublishedCited by 11 opinions

Ejectment for a lot of land in the city of Red Wing. Defence, a denial of plaintiff’s title, an averment of title in defendant, and an allegation that defendant had peacably taken possession of and held the land under certain official deeds, under color of title in fee, and in good faith, and had made improvements thereon of the value stated in the answer, and had paid taxes, etc. Reply, putting in issue the new matter in the answer.

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Ejectment for a lot of land in the city of Red Wing. Defence, a denial of plaintiff’s title, an averment of title in defendant, and an allegation that defendant had peacably taken possession of and held the land under certain official deeds, under color of title in fee, and in good faith, and had made improvements thereon of the value stated in the answer, and had paid taxes, etc. Reply, putting in issue the new matter in the answer. At the trial in the district court for Goodhue county, before Crosby, J., it appeared that plaintiff was the owner in fee of the land, but that defendant had…

1Opinion of the CourtGileillan, C. J.

The improvements made by the defendant in this case having been made prior to the passage of the act of March 10,1873, the question is, did the legislature intend, and was it competent for it, to apply the provisions of that act retrospectively?

Section 1 of the act provides that “where any person, under color of title in fee, and in good faith, has peaceably taken possession of any land for which he has given a valuable consideration, or when any person has taken possession of any land under the official deed of any person or officer empowered by law, or by any court of competent…

2Cases cited2 opinions

  1. Murray v. GibsonSupreme Court of the United States · 1854
  2. Baker v. KelleySupreme Court of Minnesota · 1866

3Cited by11 opinions

  1. Stein v. HansonSupreme Court of Minnesota · 1906
  2. Wheeler v. MerrimanSupreme Court of Minnesota · 1883
  3. Wieland v. ShillockSupreme Court of Minnesota · 1877
  4. Oppegaard v. Board of County CommissionersSupreme Court of Minnesota · 1910
  5. Dutcher v. CulverSupreme Court of Minnesota · 1877

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