Smith v. Lockwood
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover possession of a strip of land and $500 for detention thereof. The case was-tried béfore Holt, J., who found that plaintiff was entitled to possession and $5, the value of the rents and profits. From an order denying; a motion to modify the conclusions of law and for a new trial, defendant, George R. Rockwood, appealed.
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Action in the district court for Hennepin county to recover possession of a strip of land and $500 for detention thereof. The case was-tried béfore Holt, J., who found that plaintiff was entitled to possession and $5, the value of the rents and profits. From an order denying; a motion to modify the conclusions of law and for a new trial, defendant, George R. Rockwood, appealed. The owner of land built a dwelling house, which remained thereon, for many years, and which was on the ground in the same condition in which it was built at the time when such owner platted the tract into lots 1 and 2…
1Opinion of the CourtJaggakd, J.
(after stating the facts as above).
When the owner of premises has constructed a permanent building, so that most of it is on one tract of land and a part on the second tract, sells the first tract, his vendee has an implied easement on the /second tract to the extent necessary to support the building. Swedish-American Nat. Bank of Minneapolis v. Connecticut Mut. Life Ins. Co., 83 Minn. 377, 86 N. W. 420. See, also, John Hancock Mut. Life Ins. Co. v. Patterson, 103 Ind. 582, 2 N. E. 188, 53 Am. 550; 5 Current Law, 1050, 1051.
The question on this appeal is whether, when the original owner, who…
2Cases cited4 opinions
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Griffiths v. . MorrisonNew York Court of Appeals · 1887
- Swedish-American National Bank of Minneapolis v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1901
3Cited by12 opinions
- Greisinger v. KlinhardtSupreme Court of Missouri · 1928
- Anderson v. Graham Investment Co.Supreme Court of Minnesota · 1978
- Romanchuk v. PlotkinSupreme Court of Minnesota · 1943
- Hurley v. GuzziMassachusetts Supreme Judicial Court · 1952
- Bubser v. RanguetteMichigan Supreme Court · 1934
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