Flynn v. Lemieux
Supreme Court of Minnesota
Appeal by defendant' from an order of the district court for Morrison county, Baxter, J., presiding, refusing to modify a judgment..
1Opinion of the Court
Mitchell, J.1
This was an action of ejectment, in which the-defendant, in addition to other defences, set up, as he might under the “occupying-claimants act,” the value and amount of the improvements made, and the amount of taxes paid, by him on the premises. The plaintiff interposed no reply, and consequently waived the right which the statute gave him of having the value of the land without the improvements assessed, and of requiring the-defendant to pay the same in case he (plaintiff) should not desire to pay the assessed value' of the defendant’s improvements. The-cause was tried by a…
2Cases cited2 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Kipp v. JohnsonSupreme Court of Minnesota · 1884
3Cited by4 opinions
- Szroka v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1927
- Leighton v. YoungCourt of Appeals for the Eighth Circuit · 1892
- Investment Co. v. HambachWashington Supreme Court · 1905
- Craig v. DunnSupreme Court of Minnesota · 1891