Minnesota Reports (Volume 61)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1896. Excerpt: ... Parties-- Substitution. G. S. 1894, 5171, construed, and held that, where an Interest in the subject-matter of an action is transferred pending the action, it is a matter of discretion on the part of the court whether the assignee shall be substituted as a co-plaintiff, or the action shall proceed in the name of the original party. Adverse Possession--Declarations of Ownership. In an action of ejectment, where the defense is adverse possession, declarations by a deceased party, through whom the defendants claim title, and who the evidence tends to show was at the time in the possession of the premises in dispute, to the effect that he was the owner thereof, are competent as tending to characterize his possession, and to show that it was under claim of title in himself. View by Jury. Whether or not there shall be a view of the premises by the jury rests in the discretion of the court. Such discretion was properly exercised In this case. Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial. Affirmed. FT. S. Dwinnell, for appellant. E. E. McDonald, for respondents. START, C. J.2 This action was commenced February 16, 1891, to recover the possession of certain real estate situated on the Upper -Levee Flats, in the city of St. Paul. The defense is that the respondents and their ancestor have been in the actual, exclusive, continuous, and adverse possession of the premises, under claim of title, for more than 15 years next before the commencement of the action. After a trial by jury there was a verdict for respondents, and from an order denying his motion for a new trial the appellant appealed. 1. The appellant was entitled to a verdict in his favor, unless the respondents established their title by adverse p...