St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-18

City for 81 700 on Account OF
the Page Street Flood.
The following decisions were handed
down by the supreme court yesterday:
Alfred j. Dean, respondent. VS.. Fred Z.
Goddard, appellant. Order affirmed.
BUCK, j.
SyllabuS-l. In an aston to deter
mine the question of title by adverse
possession, the period relied upon neei
not be The statutory one next before the
time when the action is commenced.
Ii such title becomes complete it is not
lost or forfeited by anv subsequent
interruption of the Possession, unless
by some other adverse possessor, hold
ing for such length of time as would
create title in itself.
2. A title acquired by adverse pos
session Is one i'll fee simple, aud is a
perfect title as one by deed
The legal effect OF such title not only
bars the remedy of the owner of the
paper title, but diyestS his estate anu
vests it in the party holding adversely
for the required period of time, and is
conclusive evidence of such title. The
title so acquired Is predicated upon the
presumption or proven fact that the
prior owner has Abandoned the prem
iSes.
5. If there is any cloud resting upon
the title acquired by adverse possession,
the owner of the premises has a legal
right to apply 10 the court and have his
rights adjudicated and have the cloud
removed and his title perfected by
judgment record if the evidence sus-
tainS his claim.
t. Where the plaintiff inserts in his
reply reDugndnt allegations and the de-
PENDANT does not move 10 have the
pleading made certain and definite nor
move to compel the plaintiff to elect
upon which of such allegations he will
rely, but allows the plaintiff without
objection 10 introduce parol evidence.
which shows one of the allegations to
be undisputably true, the defendant
Will be estopped from claiming that the
written pleadings should control the
parOl evidence so given.
5. If permlssive possession of land
with parol eXecutory conditions at
tached does not constitute adverse pos
session as between the parties. vet it
might be SO as against third persons or
strangers.
e. The continuity of adverse pos
possession is not broken by the party in
possession taking written conveyances
of the premises from other parties
claiming an interest therein, as this
may give him color of title and perhaps
define the boundaries of the premises
claimed.
Z. Where the trial court finds that
the possession has been adverse for a
period Ut twenty years it is a substan-
tlal and sufficient finding that such
possession has been hostile during that
period OF time, especially if all of the
other ingredients necessary to consti-
tute adverse possession are found by
the court to exist.
8. Inc Intent to claim bv adverse
possession may be inferred from the
nature or the occupancy, and the pos
sessory acts necessary to constitute ad-
verse possession depend upon the char
acter of the property, its location and
the purposes for which it is ordinarily
ut or adapted. Actual residence upon
the premises is not necessary, nor is it
incumbent upon the adverse possessor
10 make oral declarations of his adverse
cIalin. The mere fact that time NAV in
terVcne between successive acts of oc-
cupancy, while the party is temporarily
aoSent engaged IN buSlneSs,a as in cutting
logs to be sawed into lumber, to be
piled and stored on the premises by
such party. will not destroy his contin-
uity OF possession.
g. The highest considerations of pub
lie policy demand that our real property
should be occupied and made productive
and the taxes promptly paid. to the end
that ali OF the governmental functions
be maintained, the people protected i'm
their Just rights, and the country there
by made prosperous.
III. The statutes upon the subject of
adverse possession are properly called
statutes Of repose, and are intended to
prevent litigation and to quiet the titles
to land which has remained unoccuped
by the actual owner for long period of
time. The statute, which the actual
owner is presumed to know, is a con-
tlnual warming to him, and, if through
his negligence or Selfishness, he allows
others to occupy, use and improve his
land for long period of time, he must
be deemed to have acquiesced i'm the
possession OF the premises by his ad-
VerSary.