Scharffbillig v. Scharffbillig
Supreme Court of Minnesota
Appeal by plaintiff, John Scharffbillig, from an order of the District Court of Ramsey County, Otis, J., made May 10,1892, sustaining a demurrer to the complaint. The plaintiff was in - possession of twenty acres of school land in Ramsey county from October 18, 1864, to August 28,1886, supposing he had good title to the whole of it.
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Appeal by plaintiff, John Scharffbillig, from an order of the District Court of Ramsey County, Otis, J., made May 10,1892, sustaining a demurrer to the complaint. The plaintiff was in - possession of twenty acres of school land in Ramsey county from October 18, 1864, to August 28,1886, supposing he had good title to the whole of it. On the day last named a judgment was rendered in an action then pending in said District Court that defendant John Joseph Scharffbillig owned a certain five acres of the land, and that this plaintiff had no title to that part of it.. This plaintiff had paid the…
1Opinion of the CourtYanderburgh, J.
The plaintiff alleges that he was in possession of the land described in the complaint for several years, claiming title thereto as owner. During this time he paid the taxes levied thereon for those years. But, in an action brought by the defendant to contest his title, it was finally adjudged and determined that the plaintiff was not the owner or entitled to the possession, but that *350the defendant was entitled to the same. He alleges that he paid the taxes through mistake, in the full belief that he was the owner of the land, and by his complaint he seeks to recover the same of defendant.
Upon…
2Cases cited1 opinion
- Comstock v. FredericksonSupreme Court of Minnesota · 1892
3Cited by4 opinions
- Thomas Peebles & Co. v. ShermanSupreme Court of Minnesota · 1921
- Comstock v. FredericksonSupreme Court of Minnesota · 1892
- Maxwell v. HatherlySupreme Court of Minnesota · 1927
- Weberling v. BursellSupreme Court of Minnesota · 1930