144 Minn. 52 | Minn. | 1919
Plaintiffs claim title by adverse possession to a house and lot in Per-ham. Ida Beitz and defendants were sisters. Their mother, Agnes Hermann, owned the property in question. She died in 1888. Probate proceedings were soon thereafter begun, and in 1895 this property was assigned to the three sisters. Ida Beitz was married in 1889. From the time of her marriage until her death in 1913 she occupied this house as her home. Her husband died in 1907. Plaintiffs are her children. They were all bom in this house and knew no other home. Since their mother’s death they have occupied this house part of the time. Part of the time they have rented it out. For two or three months soon after this marriage Ida Beitz or her husband paid rent for the house. For nearly 30 years no rent was paid. During all this period the Beitz family had exclusive occupation. They paid all taxes and on two occasions the husband undertook to perfect a tax title in himself. They almost doubled the size of the house, brick-veneered it, and on one occasion reshingled it. Their possession was exclusive, continuous, open and notorious. The only question is, was it hostile ? The district court answered this question in
O’Boyle v. McHugh, 66 Minn. 390, 69 N. W. 37, and Collins v. Colleran, 86 Minn. 199, 90 N. W. 364, relied upon by defendants seem to us to be distinguishable from this case. Both were cases where adverse possession was claimed by father against son. The presumption of permissive occupation is much stronger 'as between parent and child than between estranged sisters. Cases arising between parent and child are in a class by themselves. See 2 C. J. 157, and cases cited.
Defendant’s counsel quotes also-this language from Collins v. Colleran: "The doctrine is not affected by the fact that the occupant has paid all taxes, and valuable improvements, and apparently is exercising complete
We think the evidence sustains the finding of the trial court.
Judgment affirmed.