Legal Opinion

Pomroy v. Beattie

Supreme Court of Minnesota

Decided January 4, 1918No. 20,643PublishedCited by 4 opinions

Action in the district court for Ramsey county to determine adverse claims to that part of the lot described in the first sentence of the opinion which lies southwesterly of Capitol Heights, a public- street in the city of St. Paul.1 The answer alleged that defendant was the oWner in fee simple of the premises described.

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Action in the district court for Ramsey county to determine adverse claims to that part of the lot described in the first sentence of the opinion which lies southwesterly of Capitol Heights, a public- street in the city of St. Paul.1 The answer alleged that defendant was the oWner in fee simple of the premises described. The reply set up that defendant claimed title through a tax sale and a Governor’s deed thereof, and alleged that plaintiff was in actual possession of the premises at the time' the deputy sheriff made return on the notice of expiration of redemption that they were vacant and…

1Opinion of the CourtQuinn, J.

This is an action to determine 'adverse claims to a parcel of land in lot 8, block 23, Ashton and Sherburne’s Addition to the city of St. Paul. The plaintiff claims title thereto by adverse possession, and the defendant, John C. Beattie, claims title to the same by virtue of a tax deed from the state. At the trial the district court found that plaintiff had no interest in the premises; that the defendant Beattie was the owner thereof, and ordered judgment accordingly. From an order' denying her motion for a new trial, plaintiff appealed:

The controlling question for determination is: Were the…

2Cases cited1 opinion

  1. Fitger v. Alger, Smith & Co.Supreme Court of Minnesota · 1915

3Cited by4 opinions

  1. Brown v. DavisSupreme Court of Colorado · 1938
  2. McHardy v. StateSupreme Court of Minnesota · 1943
  3. Absetz v. McClellanSupreme Court of Minnesota · 1940
  4. Hutchinson v. ChildSupreme Court of Minnesota · 1925

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