88 Minn. 349 | Minn. | 1903
1. It was incumbent upon the plaintiff in this action to establish upon the trial the two material allegations of fact found in his complaint: First, his title to the lots as an alleged owner; second, that they were vacant and unoccupied, unless the defendants had waived all objection to the form of action, and had asked an adjudication of their rights to the property on the merits.
2. In their answer, defendants George B. Hall and Electa, his wife, denied that plaintiff was the owner of either of the lots in
3. Further, the case was properly dismissed for the reason that' plaintiff failed to show any title in himself in either lot. He
It seems to stand admitted that these proceedings were sufficient in form to transfer such title as Esther Hall had in the premises to this plaintiff. But this testimony was insufficient to show that plaintiff had such'title or interest in these premises as would warrant the maintenance by him of an action to determine adverse claims. This might have been shown by evidence of a complete chain of title from the government down to him, but it is well settled that a deed of real property from a person not in possession, or not shown to be the owner, does not establish a title, and that, when reliance is placed solely upon proof of paper title, the chain thereof must be from the original patentee. Miller v. Long Island, 71 N. Y. 380; Zundel v. Baldwin, 114 Ala. 328, 21 South. 420.
We cannot conjecture on this appeal that Chadwick or the parties named in the deed from him — the same being the judgment debtors referred to — were ever in possession ■ of either of these lots, nor can we conjecture that the defendants George R. Hall and Lee T. Meachum, or either of them, and the plaintiff, Cartwright, derived claim to the premises from or through’ the same common source.
Judgment affirmed.