Parker v. City of St. Paul
Supreme Court of Minnesota
Ejectment, brought in the district court for Eamsey county, for lots in the city of St. Paul. Defence, title under a warranty deed of the lots from plaintiff and his wife, executed September 13, 1884, conveying the lots to defendant, the deed stating, after the granting clause, that it “is made only for a perpetual easement for the purpose of a public street or levee over and upon the above described property as condemned by the board of public works of the city of St. Paul…
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Ejectment, brought in the district court for Eamsey county, for lots in the city of St. Paul. Defence, title under a warranty deed of the lots from plaintiff and his wife, executed September 13, 1884, conveying the lots to defendant, the deed stating, after the granting clause, that it “is made only for a perpetual easement for the purpose of a public street or levee over and upon the above described property as condemned by the board of public works of the city of St. Paul for such street or levee along the bank of the Mississippi river in the Sixth ward of the city of St. Paul, and by the…
1Opinion of the Court
Mitchell, J.1
The condemnation proceedings instituted by the defendant under the provisions of chapter 120, Sp. Laws 1881, cut no figure in this case, and it is wholly immaterial whether they were valid or void, as the city rests its right to the possession of the premises in controversy exclusively upon the deed from plaintiff set out in the answer, the execution of which is admitted in the reply. Neither is it necessary to consider whether that deed conveyed the title in fee, or, as claimed by plaintiff, only an easement for the purposes of a street or levee.; for, conceding the city’s right…
2Cases cited3 opinions
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Curran v. City of LouisvilleCourt of Appeals of Kentucky · 1886
3Cited by23 opinions
- Village of Newport v. TaylorSupreme Court of Minnesota · 1948
- McCullough v. Broad Exchange Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Halverson v. Village of DeerwoodSupreme Court of Minnesota · 1982
- City of Rochester v. North Side CorporationSupreme Court of Minnesota · 1941
- Murtaugh v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
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