Legal Opinion

Finnegan v. Brown

Supreme Court of Minnesota

Decided December 10, 1900No. 12,291—(107)PublishedCited by 3 opinions

Action, in the district court for Bedwood county to determine adverse claims to real estate. The case was tried before Webber, J., who found in favor of defendant A. A. Brown. Plaintiff gave notice of demand for a second trial, pursuant to G-. S. 1894, § 5845. From an order denying a motion to vacate and strike from the files the notice and demand, defendant A. A. Brown appealed.

1Opinion of the CourtLovely, J.

Appeal from an order refusing to strike out a demand for a second trial in an action involving rights to real property.

It was alleged in the complaint that the plaintiff was the owner and in possession of the land in dispute. Appellant’s answer denies the allegations of the complaint, and for an affirmative defense alleges that, at the time of the commencement of the action, he was and is the owner in fee simple and in actual possession of the lands described in the complaint, and asks that title be adjudged in him, and that the adverse claim of plaintiff be declared null and void, with…

2Cases cited1 opinion

  1. Gahre v. BerrySupreme Court of Minnesota · 1900

3Cited by3 opinions

  1. Gray Cloud Land Co. v. Security Trust Co.Supreme Court of Minnesota · 1904
  2. Hammer v. RogersSupreme Court of Oklahoma · 1908
  3. Phillips v. MoSupreme Court of Minnesota · 1905

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