Clements v. Utley
Supreme Court of Minnesota
Action in the district court for Hennepin county to determine the adverse claim of defendant to real property in possession of plaintiff. The case was tried before Elliott, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. Defendant’s title is founded upon an execution sale under a judgment against Joseph R. Clements to which plaintiff was not a party, which was had after her possession had begun.
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Action in the district court for Hennepin county to determine the adverse claim of defendant to real property in possession of plaintiff. The case was tried before Elliott, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. Defendant’s title is founded upon an execution sale under a judgment against Joseph R. Clements to which plaintiff was not a party, which was had after her possession had begun. Hence the validity of the attachment of the property as that of Clements, which it is claimed was a lien upon it when plaintiff went into…
1Opinion of the CourtCollins, J.
This action was brought to determine an adverse claim made to certain real property in the city of Minneapolis, Hennepin county. It stood admitted by the pleadings that plaintiff was in possession under a claim of right, while defendant alleged in his answer that he was the owner and entitled to possession, which he demanded be awarded to him.
There was no dispute over the facts, both parties claiming from the same common source of title — plaintiff’s husband, Joseph R. Clements, one of the defendants in Utley v. Clements, 79 Minn. 68, 81 N. W. 739. The claim of ownership asserted by Mr.…
2Cases cited3 opinions
- State v. BarrettSupreme Court of Minnesota · 1889
- Himmelmann v. HoadleyCalifornia Supreme Court · 1872
- Utley v. ClementsSupreme Court of Minnesota · 1900
3Cited by4 opinions
- Midwest Ref. Co. v. GeorgeWyoming Supreme Court · 1932
- State ex rel. Smith v. DanielsSupreme Court of Minnesota · 1912
- Claseman v. FeeneySupreme Court of Minnesota · 1941
- Consolidated Flour Mills Co. v. Sayre Wholesale Grocer Co.Supreme Court of Oklahoma · 1936