Seymour, Sabin & Co. v. Carli
Supreme Court of Minnesota
Ejectment. Appeal by plaintiff (a corporation) from an order of the district court for Washington county, Crosby, J., presiding, refusing a new trial. The action was tried by Hon. Charles E. Flandrau as referee, on stipulated facts, which are stated in the opinion, and judgment was ordered for defendant. Plaintiff has never been disseized.
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Ejectment. Appeal by plaintiff (a corporation) from an order of the district court for Washington county, Crosby, J., presiding, refusing a new trial. The action was tried by Hon. Charles E. Flandrau as referee, on stipulated facts, which are stated in the opinion, and judgment was ordered for defendant. Plaintiff has never been disseized. In order to work a disseizin under our statute of limitations, the possession of defendant at the time it was taken must have been adverse, under claim of title, and with an intention to dispute the title of plaintiff. The only states having a státute…
1Opinion of the CourtVanderburgh, J.
From the facts found and admitted in this cask, it appears that the defendant and his grantors have been in the possession of lot 1, block 19, in tbe city of Stillwater, for upwards of 20 years; and that plaintiffs own, and théy and their grantors have been in tbe possession of, the adjoining lot," 2, in the same block, except the portion thereof in dispute, for more than 20 years; and “that more than 20 years before tbe commencement of this action the grantors of the defendant erected a dwelling-house, partly on lot 1 an>d partly on lot 2, ” all of said dwelling-house being on said lot 1,…
2Cases cited3 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- French v. PearceSupreme Court of Connecticut · 1831
- Cole v. ParkerSupreme Court of Missouri · 1879
3Cited by26 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Rennert v. ShirkIndiana Supreme Court · 1904
- Romans v. NadlerSupreme Court of Minnesota · 1944
- Wehner v. SchroederNorth Dakota Supreme Court · 1983
- Ehle v. ProsserSupreme Court of Minnesota · 1972
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