214 N.W. 283 | Minn. | 1927
The complaint alleges that the plaintiff is the owner of the south one-half of the southwest quarter of section 1-116-38 in Renville county; that the defendant is the owner of the eighty to the north and the eighty to the east; and that the defendant is in possession of a strip of land along the north side of the plaintiff's eighty 16 feet wide at the west and 25 feet on the east, and of a strip along the east side 25 feet wide at the north and 4 feet wide at the south. The answer alleges that the defendant is in possession and the owner by adverse possession of the two strips of land.
It appears from the affidavits used on the motion and the records of a former action between the parties to determine boundary lines, under G.S. 1923, § 9590, et seq., that judgment was entered on November 30, 1926, adjudging the plaintiff to be the owner of the south eighty and determining the boundary lines to the north and east. The defendant now claims that he owns the two narrow strips by adverse possession. He claims that ownership by adverse possession was not in issue in the boundary case. Title by adverse possession may be proved under a general averment of ownership. McArthur v. Clark,
Order affirmed.