Monroe v. Rawlings

49 N.W.2d 55 (1951)

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Nature of the Case

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Facts

P sued in ejectment to recover possession of land. The land is wild, undeveloped, covered with scrub oak and some pine, not suitable for farming or the production of crops, but there are some deer there, and it is suitable for hunting and fishing and recreational purposes. P got possession in 1907. In 1926, Ds built a hunting cabin on the land and used the premises for hunting and fishing. In 1926, Ds built a hunting cabin on the land and used the premises for hunting and fishing. In 1928 Ds bought the tax title to the entire section for the 1924 taxes, recorded the tax deed, and in 1929 attempted service of notice to redeem upon the person whom Ds claim to have been the one then appearing to be the owner of record. Ds have paid the taxes on the premises for every year from 1924 until date of trial in 1949, except for the year 1945, when it was paid by an undisclosed person. The original cabin burned down and Ds built a new one. In 1939 Ds sold the pulpwood on the entire section for $2,150, the purchaser having thereafter engaged in cutting and removing it over a period of 5 years. P claims that Ds never improved the land, fenced it, posted it, attempted to keep off others, or lived on it. P claims that the mere payment of taxes for years, removal of timber and gravel, cutting of hay, and occasional squatting on the premises, do not suffice to establish title by adverse possession. The trial court ruled for Ds and P appealed.