Sanborn v. City of Minneapolis

• Decision Date: 25 June 1886
• Citation: 35 Minn. 314
• Parties: SWAN E. SANBORN <I>vs.</I> CITY OF MINNEAPOLIS and others.
• Court: Minnesota Supreme Court

35 Minn. 314

SWAN E. SANBORN vs. CITY OF MINNEAPOLIS and others.

Supreme Court of Minnesota.

June 25, 1886.

The plaintiff brought this action in the district court for Hennepin county, to determine the adverse claims of the defendants to a strip of land in the city of Minneapolis. The defendant the City of Minneapolis set up a dedication of the land in question as a public alley.

The action was tried, without a jury, by Lochren, J., who directed judgment for the defendants. The facts appearing on the trial and found by the court were as follows: On July 27, 1874, one R. P. Johnson, then owner of the land in question, and his wife, duly executed and delivered the deed, referred to in the opinion as Exhibit B., which was in the following words:

"This indenture made this twenty-seventh day of July, in the year of our Lord one thousand eight hundred and seventy-four, between R. P. Johnson and Matilda Johnson, his wife, of the county of Hennepin, in the state of Minnesota, parties of the first part, and Frank Strobeck and others who do or may own property along the within-described alley, of the county of Hennepin and state of Minnesota, parties of the second part:

"Witnesseth, that the said parties of the first part, in consideration of the sum of one dollar ($1) to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, do by these presents grant, bargain, sell, and convey to the said parties of the second part, or their heirs and assigns forever, all the following described piece or parcel of land lying and being in the county of Hennepin and state of Minnesota, to wit: commencing eighty (80) feet southerly from the northwest corner of lot ten (10) in block one hundred and forty-three, (143,) in the easterly line of Fourteenth avenue south, in the city of Minneapolis, Minnesota, according to a plat now of record in the office of the register of deeds in and for Hennepin county, Minnesota; thence in an easterly direction, parallel with Washington avenue, one hundred and thirty-two (132) feet to the easterly line of lot nine (9) in above-named block; thence at right angles, in a southerly direction, and along said easterly line, thirteen (13) feet; thence at right angles, in a westerly direction, one hundred and thirty-two (132) feet to the easterly line of Fourteenth avenue south; thence at right angles, in a northerly direction, along the easterly line of Fourteenth avenue south, thirteen (13) feet to the place of beginning.

"The above-described property is deeded for alley purposes; and whenever it ceases to be kept and used for said alley purposes, this title will be null and void.

"To have and to hold the same, together with all the hereditaments and appurtenances thereto in anywise appertaining. And the said R. P. Johnson, party of the first part, does covenant with the said parties of the second part, or their heirs and assigns, as follows: That he is lawfully seized of said premises in fee-simple, and that he has good right and power to grant and convey the same; that the same is free from all incumbrances; that the said parties of the second part, their heirs and assigns, shall quietly enjoy and possess the same; and that the said parties of the first part will warrant and defend the title to the same against all lawful claims.

"In...