46 Minn. 458 | Minn. | 1891
This was an action of ejectment, in which the-defendant, in addition to other defences, set up, as he might under the “occupying-claimants act,” the value and amount of the improvements made, and the amount of taxes paid, by him on the premises. The plaintiff interposed no reply, and consequently waived the right which the statute gave him of having the value of the land without the improvements assessed, and of requiring the-defendant to pay the same in case he (plaintiff) should not desire to pay the assessed value' of the defendant’s improvements. The-cause was tried by a referee, whose findings, filed December 2,1885, were that the title of the premises was in the plaintiff, but that defendant in good faith, and under color of title, had made improvements on them of the value of $590, and paid taxes thereon to the amount of $85.44. His conclusions of law were in accordance with the statute then in force, and which remained without change until April, 1889, viz., that plaintiff was entitled to possession, but that
The only question raised or discussed is whether it was competent for the legislature to make the amendment of 1889 retroactive, so as to apply to cases where, although no judgment had been entered, the time within which the claimant was required to pay the amount of the occupant’s improvements had already expired. The occupyingelaimants law of 1873 is somewhat crude in its provisions, as well as peculiar in its language. At first- glance it might seem that the section of the act already referred to merely provided for a stay of execution upon an unconditional judgment until the claimant paid for the improvements, and hence that the amendment of 1889, even if applied to cases like the present, would affect no vested rights of property, but merely changed the remedy. But a closer examination
It is not material that no judgment had been entered in the action, as the time within which the plaintiff was required to pay did not run from the date of the rendition of the judgment, but from the date of the rendition of the verdict or finding. It is true that the general rule is that a verdict or finding, without any judgment upon it, is of no effect as an estoppel or as evidence; but it was entirely competent for the legislature to give some different or greater effect to them, and to make the time to run from the date of the
Order reversed.
Collins, J., having been of counsel, took no part in this case.