Miller v. Benner

Plaintiffs-relators, Ross L. Miller and Dora E. Miller, seek a writ of mandamus to compel the municipal court of the city of St. Paul to decide in an unlawful detainer action their right to possession of certain real estate located in the city of St. Paul. It is conceded that relators are the legal owners in fee simple absolute of the property, which is described as the north 125 feet of the west 80 feet of lot 2, block 2, in Robert L. Ware’s Eastern Heights Acre Lots, Ramsey County, Minnesota.

Prior to April 23, 1971, respondents Wayne Benner and Katherine Benner occupied said real estate…