Swedish-American National Bank of Minneapolis v. Connecticut Mutual Life Insurance
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover possession of real estate. The case was tried before Harrison, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed. A man cannot derogate from his own grant; he cannot grant a thing and then proceed to withdraw that which is necessary to the enjoyment of the thing granted.
Read the full summary
Action in the district court for Hennepin county to recover possession of real estate. The case was tried before Harrison, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed. A man cannot derogate from his own grant; he cannot grant a thing and then proceed to withdraw that which is necessary to the enjoyment of the thing granted. And this- has been applied directly to questions of party walls and lateral support. A mutual easement is implied both as a grant and a reservation.…
1Opinion of the CourtBrown, J.
This is an action in ejectment for a strip of land two feet wide by one hundred and thirty feet deep, more fully described in the *380complaint. Plaintiff recovered in the court below, and defendants appealed.
" The respective parties acquired whatever rights they possess in the land through one Hoit. It appears .from the record that Hoit owned a tract of land adjoining the strip in controversy, upon which he erected a building some time prior to June, 1891. In some way not disclosed, the wall of the building extended about six inches over onto the adjoining land, which was then owned by one…
2Cases cited10 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Orr v. StewartCalifornia Supreme Court · 1885
- Rogers v. . SinsheimerNew York Court of Appeals · 1873
- Green v. . CollinsNew York Court of Appeals · 1881
- Barnard v. WilsonCalifornia Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Romanchuk v. PlotkinSupreme Court of Minnesota · 1943
- Gordon v. PfabSupreme Court of Iowa · 1976
- J.I. Case Credit Corp. v. Kangas (In Re Kangas)United States Bankruptcy Court, D. Minnesota · 1985
- Smith v. LockwoodSupreme Court of Minnesota · 1907
- Horner v. JamiesonIllinois Supreme Court · 1946
9 more not listed; retrieve them via the Exa API.