Rupley v. Fraser
Supreme Court of Minnesota
Action in the district court for Itasca county to determine adverse claims to certain vacant and unoccupied land and to restrain defendants from asserting or enforcing any claim to any right, title, estate, lien or interest therein adverse to plaintiff.
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Action in the district court for Itasca county to determine adverse claims to certain vacant and unoccupied land and to restrain defendants from asserting or enforcing any claim to any right, title, estate, lien or interest therein adverse to plaintiff. The separate answer of defendant Fraser alleged the land was in the possession of defendant John G. Fraser and alleged that for more than 15 years prior to the beginning of the action he had been in adverse, uninterrupted, continuous, hostile, open, actual and exclusive possession of the same under claim of right thereto, and during that time…
1Opinion of the CourtHallam, J.
Plaintiff has the record title to a tract of platted land in the village of Laprairie. Defendant John G. Fraser claims title by adverse possession. The jury found in his favor. Plaintiff appeals.
In 1897 this land was “common.” In July of that year defendant John G. Fraser took possession of it; inclosed it with an adjoining tract of his own by a fence of posts and wire; used it as a pasture for stock, and, save for a little shifting of fences, he continued to so occupy it without interruption for more than 15 years. In the meantime he paid the taxes thereon, except that in some cases he…
2Cases cited26 opinions
- Monnot v. . MurphyNew York Court of Appeals · 1913
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Sands v. DavisMichigan Supreme Court · 1879
- Woodruff v. . PaddockNew York Court of Appeals · 1892
- Hayes v. MartinCalifornia Supreme Court · 1873
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3Cited by13 opinions
- State v. RustSupreme Court of Minnesota · 1959
- Desch v. KnoxCourt of Appeals of Maryland · 1969
- Skala v. LindbeckSupreme Court of Minnesota · 1927
- Abar v. RogersCalifornia Court of Appeal · 1972
- Gunther & Shirley Co. v. Presbytery of Los AngelesArizona Supreme Court · 1958
8 more not listed; retrieve them via the Exa API.