Wellendorf v. Tesch
Supreme Court of Minnesota
Action in the district court for Scott county to determine adverse, claims to land. The case was tried before Oadwell, J., and a jury, which made certain special findings, whereupon the court ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
Action under the statute to determine an adverse claim made to a small tract of land, alleged by plaintiff to be a part of his farm, and to have been owned and to have been in his possession for more than SO years. In the answer, defendant set up ownership in himself, and, further, that for 20 years prior to the commencement of the action he had not only been such owner, but in actual adverse possession of all of said tract.
Certain issues of fact were submitted to a jury in the shape of four questions. The jury answered the first and second of these in plaintiff’s favor, thus finding that a…
2Cases cited1 opinion
- Bradley v. NorrisSupreme Court of Minnesota · 1896
3Cited by2 opinions
- Brooke Et Ux v. Amuchastegui Et UxOregon Supreme Court · 1961
- Hoppe v. Boulevard Transportation Co.Supreme Court of Minnesota · 1927