Ames v. Lowry
| Decision Date | 09 March 1883 |
| Citation | 15 N.W. 247,30 Minn. 283 |
| Parties | Eli B. Ames v. Thomas Lowry and others |
| Court | Minnesota Supreme Court |
Plaintiff brought this action in the district court for Hennepin county to recover possession of "lot 6 in block 128, of the town, now city, of Minneapolis, according to the plat thereof now on file and of record in the office of the register of deeds within and for said county of Hennepin." A jury was waived and the action tried by Vanderburgh, J., who found the facts in substance as follows:
On April 23, 1855, one D. M. Hanson (the common source of title) pre-empted and purchased of the United States the E. 1/2 of the N. E. 1/4 of section 26, town 24, range 29, in which the premises in dispute are situated, and which now forms part of the town-site of Minneapolis, and on July 17, 1855, he received his patent from the United States. Hanson, in contemplation that this land, with that of adjoining owners would become a town-site, caused the tract, or a part of it to be surveyed into lots, blocks and streets, and the lines of the survey to be run out and established upon the ground in connection with the surveys of the adjacent lands. Maps or plats of these surveys were made, and so much of the same as included Hanson's land was commonly referred to and designated, by him and others, as Hanson's addition to Minneapolis. On June 13, 1855, there was a map or plat of Minneapolis, showing these surveys, with lots, blocks and streets, and among these streets thus laid out and surveyed was one then and still known as Washington avenue, which had been staked out and identified. Streets were surveyed parallel with this avenue, that lying next northeasterly and toward the Mississippi river being known and designated as Prospect street, and that next southwest of the avenue being known and designated as Second street, and that next Second street being known and designated as Third street. The United States land-office was then situated at the junction of Washington avenue and a cross street at right angles to it and near the land-office was the quarter-post of the section, which was then plainly visible and was well known as a point of designation and description. The blocks were formed by the intersection of cross streets running at right angles with Washington avenue, and were 330 feet square, all the streets being 80 feet wide except Washington avenue; so that there was a tier of blocks, as thus surveyed, extending southeasterly from the land-office and the quarter-post. The survey extended for several streets southwesterly of Washington avenue, and more than six blocks southeasterly from the land-office. The blocks were marked distinctly by stakes set at the corners thereof.
Among the blocks in the Hanson tract was one bounded on the north-east by Second street, on the south-west by Third street, and on the south-east by Lake street, as these streets were designated in the map of Minneapolis, which was then in possession of one Carlos Wilcox who had an office in the land-office building, and was often used and referred to by Hanson in showing or making sales of lots. This block was marked and designated on this map as block 69, and was the sixth block southeasterly from the quarter-post, and as the streets and blocks were staked out, it was easily located. This block was divided into ten lots, each of 66 feet front by 165 feet deep, numbered from one to ten inclusive. Lot 6 in the block lay at the corner of Second and Lake streets (as they were then called) being 66 feet on Second street, and 165 feet on Lake street, and could then readily be located on the ground.
On June 13, 1855, Wilcox and Hanson visited this lot 6, and ascertained its situation, corners and boundaries, and on the next day Hanson, in consideration of $ 200, sold and conveyed it with the adjoining lot known as lot 7, by warranty deed, to Wilcox, the deed bearing date June 13, 1855, and purporting to be made between "D. M. Hanson and Sylvia, his wife, of Minneapolis, Hennepin county, territory of Minnesota, party of the first part, and Carlos Wilcox, of the same place aforesaid, party of the second part," and the description of the property conveyed being as follows: "All those tracts or parcels of land, lying and being in Minneapolis, county of Hennepin, described as follows, to wit: Lots number six (6) and seven (7) of block number sixty-nine of Hanson's addition to Minneapolis, said block being the sixth (6th) south-east from the quarter-section post at the land-office, situated between Second and Third streets, according to a plat of said town now in the office of said Wilcox." This deed was recorded in the registry of deeds of Hennepin county, on May 27, 1856. The map before mentioned, the court finds, from the evidence, to have been the one referred to in this deed.
Afterwards by general consent and agreement of the different proprietors of the town of Minneapolis, a general map or plat of the town was made and filed about September, 1855. On this new map, the location, course and width of the streets through Hanson's...
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