Legal Opinion

Village of Glencoe v. Wadsworth

Supreme Court of Minnesota

Decided February 10, 1892PublishedCited by 10 opinions

Appeal by plaintiff, the village of Glencoe, from an order of the-district court of McLeod county, Cadwell, J., made August 17,. 1891, refusing a new trial. This action was ejectment to recover the possession of an alley one rod wide between lots three (3) and six, (6,) in block thirty-three, (33,) in Franklin, now included in Glencoe, Minn. The answer was adverse possession for more than 20 years next before the commencement of the action.

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Appeal by plaintiff, the village of Glencoe, from an order of the-district court of McLeod county, Cadwell, J., made August 17,. 1891, refusing a new trial. This action was ejectment to recover the possession of an alley one rod wide between lots three (3) and six, (6,) in block thirty-three, (33,) in Franklin, now included in Glencoe, Minn. The answer was adverse possession for more than 20 years next before the commencement of the action. On the trial, in May, 1891, the court directed a verdict for defendant. The plaintiff, having moved for a new trial, appealed from the order denying it.

1Opinion of the CourtVanderburgh, J.

The controversy is over the possession of am alley in the village of Glencoe, which includes within its bounds-the town site of Franklin as originally surveyed and platted. The-complaint alleges that the plaintiff is entitled to the possession of that portion of the alley in block thirty-three, (33,) in the town site of Franklin, running east and west between lots three (3) and six, (6.) These lots both front on the same street. The defendant is alleged to be in possession of the alley, and he occupies the-same in connection with the lots named. He claims to have ac*403quired title by adverse…

2Cited by10 opinions

  1. Rennert v. ShirkIndiana Supreme Court · 1904
  2. Swan v. MunchSupreme Court of Minnesota · 1896
  3. Cool v. KellySupreme Court of Minnesota · 1899
  4. Hartman v. Blanding's Inc.Supreme Court of Minnesota · 1970
  5. Mattson v. WarnerSupreme Court of Minnesota · 1911

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