Wakefield v. Day
Supreme Court of Minnesota
Action under Gen. St. 1878, c. 75, § 2, to determine adverse claims, brought in the district court for Hennepin county. The complaint alleges that plaintiff “is owner in fee-simple of the following-described lands,” (describing them;) “that said lands are vacant and unoccupied; that the defendant claims an estate and interest in said lands adverse to the plaintiff; that the defendant claims a lien upon said lands adverse to this plaintiff.”
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Action under Gen. St. 1878, c. 75, § 2, to determine adverse claims, brought in the district court for Hennepin county. The complaint alleges that plaintiff “is owner in fee-simple of the following-described lands,” (describing them;) “that said lands are vacant and unoccupied; that the defendant claims an estate and interest in said lands adverse to the plaintiff; that the defendant claims a lien upon said lands adverse to this plaintiff.” The answer denies each allegation of the complaint, except as admitted or qualified; admits and avers that defendant is owner of the lands in fee-simple,…
1Opinion of the CourtYandebburgh, J.
This action is brought under the statute to quiet title to land; and the plaintiff alleges that the laud in question is vacant .and unoccupied, that he is the owner in fee thereof, and asks to have defendant’s adverse claim barred by the judgment of the court. Neither party sets up the particular elements of his title or the grounds of his •claim. Upon the trial it appeared that Westel W. Day was the patentee of the United States, and the plaintiff, to establish his title, introduced in evidence a warranty deed from Westel W. Day to Enos Day, dated February 22, 1861, embracing the lands in…
2Cases cited9 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Edwards v. . NoyesNew York Court of Appeals · 1875
- Merrill v. DearingSupreme Court of Minnesota · 1884
- Shattuck v. . BascomNew York Court of Appeals · 1887
- Kent v. AgardWisconsin Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Flower v. BarnekoffOregon Supreme Court · 1890
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- Mitchell v. McFarlandSupreme Court of Minnesota · 1891
- Adamson v. WigginsSupreme Court of Minnesota · 1891
- Lawrenz v. Langford Electric Co.Supreme Court of Minnesota · 1939
22 more not listed; retrieve them via the Exa API.