Barker v. Foster
Supreme Court of Minnesota
Ejectment. Appeal by defendant from an order of the district court for Scott county, Macdonald, J., presiding, striking out portions of the answer as sham and false. In the portions of the answer stricken out, the defendant denies plaintiff’s ownership, sets up title in one Robert P. Calvert by adverse possession for more than twenty years, and an unexpired lease from Calvert to defendant.
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Ejectment. Appeal by defendant from an order of the district court for Scott county, Macdonald, J., presiding, striking out portions of the answer as sham and false. In the portions of the answer stricken out, the defendant denies plaintiff’s ownership, sets up title in one Robert P. Calvert by adverse possession for more than twenty years, and an unexpired lease from Calvert to defendant. On the motion to strike out, plaintiff presented deeds showing title in himself, and numerous affidavits, including that of Calvert himself, showing that Calvert never owned or claimed to own the property…
1Opinion of the CourtVanderburgh, J.
The complaint is for the possession of real property. The answer consists (1) of a general denial, except of possession; (2) plea of statute of limitations; (3) claim of possession under a lease made to defendant by one Calvert. The answer was served in September, 1881. The plaintiff omitted to reply, but in December following moved upon affidavits, among which was the affidavit of Calvert, to strike out the answer as sham. The pleadings are ver*167ified. The court granted the motion as to the affirmative defences, and allowed the denial to stand.
1. The defendant insists that the motion should…
2Cases cited4 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Crerar v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
- Conway v. WhartonSupreme Court of Minnesota · 1868
- Beebe v. MarvinThe Superior Court of New York City · 1863
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- Rhea v. HackneySupreme Court of Florida · 1934
- Conley Camera Co. v. Multiscope & Film Co.Court of Appeals for the Eighth Circuit · 1914
- Sheets v. RamerSupreme Court of Minnesota · 1914
- Guaranty Life Insurance v. Hall Brothers Press, Inc.Supreme Court of Florida · 1939
- Bank of Richards v. SheasgreenSupreme Court of Minnesota · 1922
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