Baxter v. Newell
Supreme Court of Minnesota
Action of ejectment in the district court for Faribault county to recover possession of lot No. 9 in block No. 2, lots Nos. 4 and 5 in block No. 10, and lot No. 18 in block No. 17, in the village of Wells in said county. Defendant George W. Newell answered, disclaiming any interest in- the premises. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant Alfred 0. Newell appealed.
1Opinion of the CourtCollins, J.
Action of ejectment to recover possession of four village lots. The answer put in issue the plaintiff’s right to possession, alleged ownership of the property in one of the defendants, the appellant, and also that he had been in actual, hostile, and adverse possession of each of the lots, claiming title, for more than fifteen years prior to the bringing of the action.
It is hardly necessary to say that with these issues it was incumbent upon the plaintiff to establish his title to the property in controversy before he could recover. As to one of these lots — No. 9 in block No. 2 — the evidence…
2Cases cited2 opinions
- Todd v. WeedSupreme Court of Minnesota · 1901
- Collins v. ColleranSupreme Court of Minnesota · 1902
3Cited by1 opinion
- Rahm v. WeissSupreme Court of Minnesota · 1934