94 Minn. 456 | Minn. | 1905
Action of ejectment to recover possession of government lots 3 and 4, and the southwest quarter of the northeast quarter of section 13, in township 110, range 28, in the county of Nicollet, this state.
The complaint is in the usual form for the recovery of the possession
The defendant’s assignments of error raise the general question, are the findings and decision of the trial court sustained by the evidence? The land in question is a part of the lands granted to the territory of Minnesota by the act of Congress approved March 3, 1857 (11 St. 195, c. 99), to aid in the construction of certain railroads. The plaintiff offered evidence showing that the land was duly certified to the state, and conveyed by it to the Winona & St. Peter Railroad Company, February 26, 1872, and that the railroad company on May 4, 1877, conveyed the land to the Winona & St. Peter Rand Company, which conveyed it on February 1, 1901, to the plaintiff herein.
Objections and exceptions to the admission in evidence of the documentary evidence to prove the plaintiff’s record title were made on the trial, and the rulings of the court in receiving the evidence are made the basis of several assignments of error. None of them, however, are discussed in the brief of counsel; hence they are waived. Dunnell, Minn. Pr. § 1800.
The evidence offered by the plaintiff established title in fee to the land in the plaintiff. Winona & St. P. Ry. Co. v. Randall, 29 Minn. 283, 13 N. W. 127.
It follows that, if the findings and decision of the trial court to the effect that the defendant has not acquired title to the land by adverse possession are sustained by the evidence, the question now under consideration must be answered in the affirmative.
The evidence tends to show that the defendant entered upon lot 4 in 1867, and lot 3 and the southwest quarter of the northeast quarter of section 13 in 1869, and commenced to improve and use the land, a large part of which was then covered with water, and that from the
Acknowledgment of the title of the owner of the land, within the meaning of this rule, may be made in many ways — among others, by the acceptance of a lease or contract for the purchase of the land from the owner thereof. Now, the trial court found that the defendant entered into contracts with the owner of the land in this case whereby he agreed to purchase the land, and the owner agreed to convey it to him upon his payment of the purchase price. If the evidence with reference to the making of these contracts was rightly received, it is ample to establish an acknowledgment and recognition of the title of the owner to the land which would and did interrupt the continuity of the alleged adverse possession of the defendant. Johnson v. Peterson, 90 Minn. 503, 97 N. W. 384.
The first contract, designated in the record as Exhibit B, is dated March 29, 1873. The parties thereto are the then owner of the land, the Winona & St. Peter Railroad Company, party of the first part, and the defendant, the party of the second part. In and by this contract the party of the first part agreed to sell, and the defendant to buy, lot 4 — a part of the land here in question — at the price and upon the terms therein stated. The contract contained a provision to
The defendant admitted that he signed all three of the contracts. His claim as to Exhibit B is that before the expiration of the time for making the last payment, and on May 4, 1877; the vendor, the railroad company, conveyed the land therein described to the land company, whereby it divested itself of the title, which absolved the defendant of any further duty to it, and thereby made his possession adverse to the land company from its beginning. The obvious and conclusive answer to this claim is that the continuity of the defendant’s adverse possession was broken at the time he entered into a contract with the owner of the land for its purchase, and the limitation of the statute would not again begin to run until he repudiated the title he had thereby acknowledged, and, further, that in no event could he tack his former adverse possession to such limitation. Again, the land company, as the grantee of the railroad company, succeeded to all the rights of its grantor in the land, and took it subject to all its obligations to the defendant, who. was then in possession thereof.
It is further claimed that Exhibits B, C, and D were erroneously received in evidence for the reason that it was not shown that the persons purporting to execute them on behalf of the respective cor
The defendant, by Exhibits B and C, acknowledged the title of the owner of the land, and his possession thereof then ceased to be adverse; and the evidence certainly would not require the trial court to find, as a matter of law, that the defendant repudiated such title and held the land adversely for fifteen years before the commencement of this action.
Exhibit D, then, which seems to have been a renewal of Exhibits B and C, was not essential to the defeat of the defendant’s claim of title by adverse possession. The evidence, however, is ample that all three of the contracts were in fact executed by the authority of the respective corporations, and were thereafter recognized by them as their contracts.
It is also claimed that Exhibit C was not admissible in evidence because it was absolutely void, for the alleged reason that the vendor land company did not own the land when the contract was made, on May 16, 1876, and no power was conferred upon it by its articles of incorporation to enter into a contract for the sale of land it did not own. It is true, the vendor did not obtain its deed for the land until May 4, 1877, but whether it had previously contracted for the purchase of the land does not appear. The general nature of the business of the vendor, as declared by its articles of incorporation, was the purchasing, acquiring, and holding title to real estate, and bargaining, selling, conveying, and otherwise disposing of the same from time to
We find no reversible errors in the other rulings of the trial court in the admission of evidence.
Order affirmed.