48 Minn. 402 | Minn. | 1892
The controversy is over the possession of am alley in the village of Glencoe, which includes within its bounds-the town site of Franklin as originally surveyed and platted. The-complaint alleges that the plaintiff is entitled to the possession of that portion of the alley in block thirty-three, (33,) in the town site of Franklin, running east and west between lots three (3) and six, (6.) These lots both front on the same street. The defendant is alleged to be in possession of the alley, and he occupies the-same in connection with the lots named. He claims to have ac
Defendant did not enter under color of title; but this is not necessary, the other essential conditions to establish adverse possession being shown. A tortious entry upon and possession of land without color or pretense of paper title, but under a claim of right thereto, in opposition to and inconsistent with the title of the true owner, may ripen into title by adverse possession. Sedg. & W. Tr. Title Land, § 729; Illinois Cent. R. Co. v. Houghton, 126 Ill. 239, (18 N. E. Rep. 301.) But there must be an actual entry and ouster under claim of title in hostility to that of the true owner, accompanied or manifested by acts of ownership, and followed by actual and continuous possession. That is to say, the claim of the disseisor must be asserted as a matter of right, so as to be notice to the owner and-to expose the former to an action by the latter; for it is the fact of his being thus exposed to an action, and the neglect of the opposite party to bring suit within the statutory period, which form the basis of the title by prescription or adverse possession. Felton v. Simpson, 11 Ired. 84. In this instance the possession was open, notorious, exclusive, and continued for the statutory period. Erecting and occupying buildings on the land is evidence that the defendant was claiming it as owner. There were positive acts of ownershijp in his own behalf, inconsistent with the title and possession of the plaintiff, sufficient to make a prima facie case of adverse possession. It was not necessary that the defendant should have made oral declarations of his claim. It is sufficient if the proof shows that he has so acted as to clearly indicate that he did claim title. Continued acts of ownership, occupying, using, and controlling the property as owner, constitute the usual and natural mode of asserting a claim of title,
Order affirmed.
(Opinion published 51 N. W. Rep. 377.)