129 Minn. 25 | Minn. | 1915
This action was to recover for timber cut by defendant from an 80-acre tract of land in Itasca county claimed by plaintiff to have been owned by him at the time of the cutting. There was a verdict for plaintiff. Defendant moved for judgment notwithstanding the verdict, but not for a new trial. The motion was denied, judgment was entered on the verdict, and defendant appealed therefrom to this court.
Our inquiry is therefore confined to the question whether there was evidence reasonably tending to sustain a verdict for plaintiff. The chief issue was as to the ownership of the land at the time the timber was cut. The facts bearing on this issue are as follows:
Thomas Simpson was the patentee of the land. The receiver’s receipt was issued to him October 22, 1885, and the patent March 20, 1886. Neither was recorded until 1909, when plaintiff, after a deed from Simpson to himself, caused the patent to be placed on record. Simpson seems to have disappeared. May 27, 1905, one Shaw obtained tax deeds to the land. August 15, 1905, there was recorded what purported to be a deed from Thomas Simpson conveying the land to one I. D. Campbell. The'tax deeds were recorded August 31, 1905. November 15, 1905, Campbell gave to Thomas H. Shevlin a quitclaim timber permit, granting the right to cut and
March 21, 1907, Tbomas Simpson conveyed tbe land in question to tbe plaintiff by a quitclaim deed. Plaintiff’s claim of title, and bis claim of a right to recover in tbis action, is based upon tbis deed.
Our conclusion is that the evidence reasonably tended to justify the verdict, and that we have no right to reverse the judgment appealed from.
Judgment affirmed.