King v. Kindred
Supreme Court of Minnesota
Ejectment, brought in the district court for Crow Wing county against Kindred, who alone answered, and one Hartley. The substance of the pleadings is stated in the opinion.
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Ejectment, brought in the district court for Crow Wing county against Kindred, who alone answered, and one Hartley. The substance of the pleadings is stated in the opinion. The action came on for trial by Sleeper, J., a jury being waived, and the decision of the court contains, in addition to the findings of fact and conclusions of law and order for judgment, a statement of the proceedings at the trial, in substance as follows: On the case being called, no one appearing for Hartley, the plaintiff moved to dismiss, which motion was opposed by defendant Kindred, on the ground that his answer…
1Opinion of the CourtVanderburgh, J.
The complaint alleges title and ownership in the plaintiff, and demands judgment for the recovery of the possession. The defendant denies plaintiff’s title, ownership, and right to the possession, admits the possession, alleges title and ownership in himself, and seeks to have plaintiff’s alleged adverse claim or title, as set up or appearing by the complaint, adjudicated subordinate to his. A trial, was had, and findings of fact and law made and filed. There is no case or bill of exceptions, and we cannot consider the proceedings or rulings upon the trial returned in connection with the…
2Cases cited1 opinion
- Stone v. JohnsonSupreme Court of Minnesota · 1882