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Parker v. Minneapolis & St. Louis Railroad

DANIEL G. PARKER v. MINNEAPOLIS & ST. LOUIS RAILROAD COMPANY

Parker v. Minneapolis & St. Louis R.R., 82 N.W. 673 (Minn. 1900)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
May 7, 1900
Docket
No. 12,017-(49)
Judges
Collins
Citations
82 N.W. 67379 Minn. 3721900 Minn. LEXIS 800
Disposition
Affirmed.
Headnotes
Pleading — Meaning of Word “Owner.” The word “owner” includes any person who has usufruct, control, or occupation of real estate, whether his interest in it is an absolute fee, or an estate for years under a lease. A tenant for a term of years is an owner of the property, within the general or popular meaning of the word, and he may properly allege himself to be the owner in a complaint in an action of ejectment brought against his landlord.
Summary
Action in the district court for Freeborn county for the recovery of real estate. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Collins

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COLLINS, J. 1

It was perfectly proper in this action in ejectment for the plaintiff to allege in his complaint that he was the owner of the real property in question. The word “owner” includes any person who has usufruct, control, or occupation of real estate, whether his interest in it is an absolute fee, or an estate for years under a lease. 17 Am. & Eng. Enc. 299, and citations. The plaintiff was a tenant for a term of years, and this term had not expired when the defendant wrongfully dispossessed him, according to the allegations in the complaint. There was no inconsistency between the allegations as to ownership in the pleading, just mentioned, and the reply, wherein plaintiff admitted that he was defendant’s tenant, as alleged in the answer. Nor was there any variance. The action was brought to recover possession of real property, and, to maintain it, a possessory title was all that was needed. The court below ruled correctly, and the case of Merrill v. Dearing, 47 Minn. 137 , 49 N. W. 693 , relied on by counsel for defendant, is not at all in point.

Order affirmed.

LOVELY, J., having been of counsel, took no part.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1902: 11907: 21910: 11912: 11914: 11917: 11930: 11945: 11995: 12014: 119022026peak 1907 · 2

Relies on it most ⓘ

  1. Guild v. Prentis74 A. 1115 (Vt. 1910)
  2. Texas Bank Trust Co. of Beaumont v. Smith192 S.W. 533 (Tex. 1917)
  3. Binhoff v. State90 P. 586 (Or. 1907)
  4. State ex rel. City of Miles v. Northern Pacific Railway Co.295 P. 257 (Mont. 1930)
  5. Atwater v. Spalding90 N.W. 370 (Minn. 1902)
  6. Burgmeier v. Bjur533 N.W.2d 67 (Minn. Ct. App. 1995)

Most recent

  1. Agana Beach Condo Home Owners Association v. UntalanNo. SP0112-11 (Super. Ct. Guam Sept. 16, 2014)
  2. Burgmeier v. Bjur533 N.W.2d 67 (Minn. Ct. App. 1995)
  3. Trustees of Iowa College v. Baillie17 N.W.2d 143 (Iowa 1945) · Dissent
  4. State ex rel. City of Miles v. Northern Pacific Railway Co.295 P. 257 (Mont. 1930)
  5. Texas Bank Trust Co. of Beaumont v. Smith192 S.W. 533 (Tex. 1917)
  6. Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.82 S.E. 5 (N.C. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Merrill v. Dearing, 49 N.W. 693 (Minn. 1891) 7

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