Hall v. City of St. Paul
Supreme Court of Minnesota
Appeal by plaintiff, Hezekiah Hall, from a judgment of the District Court of Eamsey County, William Louis Kelly, J., entered September 20, 1893, that he take nothing by this action. Plaintiff brought this action to establish his title to, and to obtain possession of, the southerly part of lots six (6) and seven (7) in block thirteen (13) of Ewing & Chute’s Addition to St. Paul, occupied by defendant, the City of St. Paul, as a part of Central Avenue.
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Appeal by plaintiff, Hezekiah Hall, from a judgment of the District Court of Eamsey County, William Louis Kelly, J., entered September 20, 1893, that he take nothing by this action. Plaintiff brought this action to establish his title to, and to obtain possession of, the southerly part of lots six (6) and seven (7) in block thirteen (13) of Ewing & Chute’s Addition to St. Paul, occupied by defendant, the City of St. Paul, as a part of Central Avenue. The defendant answered that the locus in quo is now and for twenty years last past has been a part and portion of a public street of the city;…
1Opinion of the CourtCanty, J.
The plaintiff claimingto be the owner of a part of two lots in the city of St. Paul, which was being used by the public as a street, brought this action to eject the public, and have restitution of said part of said lots. The defendant city answered that said part “is now, and for more than twenty years last past has been, a part and portion of a public street of said city, and during all of said time this defendant has been in possession of the same, and has improved and used the same as a public street.”
The city offered some evidence of such prescriptive right for twenty years, but the…
2Cases cited1 opinion
- Knoblauch v. City of MinneapolisSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- Knoblauch v. City of MinneapolisSupreme Court of Minnesota · 1894