Carpenter v. Coles
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Washington county, Crosby, J., denying their motion for a new trial after a verdict in favor of plaintiff. The effect of color of title, where an entry is made and possession taken and held in accordance with it, is to define the extent of the possession claimed. Washburn v. Cutter, 17 Minn. 335 (361); Sage v. Larson, 69 Minn. 122. All adverse possession is a trespass.
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Appeal by defendants from an order of the district court for Washington county, Crosby, J., denying their motion for a new trial after a verdict in favor of plaintiff. The effect of color of title, where an entry is made and possession taken and held in accordance with it, is to define the extent of the possession claimed. Washburn v. Cutter, 17 Minn. 335 (361); Sage v. Larson, 69 Minn. 122. All adverse possession is a trespass. Costello v. Edson, 44 Minn. 135. See also Sage v. Morosick, 69 Minn. 167; Sage v. Larson, supra; Brown v. Kohout, 61 Minn. 113. Where there is no claim of right, the…
1Opinion of the CourtMitchell, J.
Action of ejectment. Defense, title by 15 years’ adverse possession. The court instructed the jury as follows:
“Did the defendants enter into the possession of the land fifteen years before September 1, 1897, the time this action was commenced, under a claim of right so to do, and have they remained in the actual, open, continuous, hostile and exclusive possession since that time with the intent of claiming it adversely?”
“A person has not any right, arbitrarily and without any claim of right, knowing that he has no right whatever, to go and take with a high hand wrongful possession of land,…
2Cases cited1 opinion
- Bryan v. AtwaterSupreme Court of Connecticut · 1811
3Cited by23 opinions
- Peters v. Juneau-Douglas Girl Scout CouncilAlaska Supreme Court · 1974
- Village of Newport v. TaylorSupreme Court of Minnesota · 1948
- State v. HoytSupreme Court of Minnesota · 1981
- Martin v. CoxSupreme Court of Oklahoma · 1912
- Morrison v. LinnMontana Supreme Court · 1915
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