134 Minn. 430 | Minn. | 1916
Action in ejectment. Verdict for the plaintiffs. Judgment notwithstanding directed for the defendant company. The plaintiffs appeal.
The title of the plaintiffs rests upon a claim of adverse possession. The defendant has the fee title unless it has been divested by adverse possession. In 1891 the plaintiff Mary Cain owned a lot on what is known as Duluth Heights in the city of Duluth. This lot was something like four blocks back of the head of the Duluth incline railroad and about a
The evidence must be clear and convincing to justify a finding of title acquired by adverse possession. This case has been twice tried. In each case the verdict was for the plaintiffs. All the evidence procurable has
Order affirmed.
On December 15, 1916, the following opinion was filed:
In the petition for reargument attention is called to the statement in the opinion that in 1909 Mrs. Cain went to the officers of the defendant for permission to occupy land on the heights. This statement is not quite accurate and might mislead. She was at the office of one formerly connected with the management of the heights property upon what she says was other business. While there her occupancy of land on the heights was talked of, and she was given a letter to an officer of the company and went with it to see him. With this explanation the statement of the opinion is correct. The petition has been considered and is denied.
See later opinion on p. 432, infra.