139 Minn. 394 | Minn. | 1918
Bottineau’s Second Addition to the town of St. Anthony, now in the
Of course, the fee title to the street was always in plaintiff. If it was still a street, however, it is conceded that the description in the condemnation proceeding of blocks six (6) and seven (7) was sufficient to take the intervening street as well as the adjacent blocks particularly described. Plaintiff’s contention is that, by adverse possession of her husband and herself, she has barred the public easement in Warren street and that, since Warren street is no longer a street, it is a distinct parcel of unencumbered land and did not pass by the condemnation of blocks 6 and 7.
It is evident, therefore, that .if plaintiff’s claim of adverse possession fails, her whole case must fail. The trial court found against her on this issue. That is, the court found that the occupation of the street by plaintiff and her husband was not adverse but was in subordination to the public right.
This ruling was right. In order to prove title by adverse possession, it is necessary to prove, not only possession, but hostile possession. It is settled law in this state that when a street is dedicated by plat, the city may choose its own time to occupy, open and use the street, and until it does so, possession of the street by the abutting owner is not regarded as
What the right of plaintiff might have been had she acquired complete title by adverse possession, is a question not .before us and that we do not determine.
Judgment affirmed.