Cited by
Opinions in Minnesota that cite Theros v. Phillips, 256 N.W.2d 852.
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Paul A. Kruger, et al., Appellants,
Minn. Ct. App. 2025
“The evidence supporting reformation of a written instrument, including a deed, must be consistent, clear, unequivocal, and convincing.” d 852, 857 (Minn. 1977).
- In re the Matter of the Application of Mekonnen Tulu and Tadelech N. Guda to Register the Title … Minn. Ct. App. 2024
- Matthew Lalone v. Daniel Joseph Duerst Minn. Ct. App. 2024
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Matthew Lalone v. Daniel Joseph Duerst
Minn. Ct. App. 2024
(quotation omitted); see also Gabler, d at 729.
- Russel D. Stueckrath, et al., Plaintiffs, Minn. Ct. App. 2023
- A19-1585 Minn. Ct. App. 2020
- David R. Towley, et al., Appellants, Minn. Ct. App. 2019
- Scott Sundgaard, individually and as Personal Representative of the Estate of Donald Sundgaard, Respondent, Minn. Ct. App. 2019
- In the Matter of the Petition of Melvin J. Cummins for an Order Determining Boundary Lines Minn. Ct. App. 2018
- St. Jude Medical, Inc. v. Carter 899 N.W.2d 869 Minn. Ct. App. 2017
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St. Jude Medical, Inc. v. Carter
899 N.W.2d 869
Minn. Ct. App. 2017
While we agree that ordinarily the decision to grant or deny an injunction is discretionary, (stating that grant of permanent injunctions rests within “sound discretion” of district court), in this case, Carter entered into an employment contract with St.
- In the Matter of the Petition of Wells Fargo Bank, N. A., for an Order Determining the Boundary … Minn. Ct. App. 2016
- In the Matter of the Petition of Wells Fargo Bank, N. A., for an Order Determining the Boundary … Minn. Ct. App. 2016
- In re Minnwest Bank Litigation Concerning Real Property in Otsego, Minnesota, Minnwest Bank v. RTB, LLC 873 N.W.2d 135 Minn. Ct. App. 2015
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In re Minnwest Bank Litigation Concerning Real Property in Otsego, Minnesota, Minnwest Bank v. RTB, LLC
873 N.W.2d 135
Minn. Ct. App. 2015
Generally a permanent injunction is the “‘proper remedy to restrain a continuous and repeatedly threatened trespass.’” Wojahn, d at 307 ().
- In the Matter of the Application of Fischer Sand and Aggregate, LLP. Minn. Ct. App. 2015
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In the Matter of the Application of Fischer Sand and Aggregate, LLP.
Minn. Ct. App. 2015
d 852, 858 (Minn. 1977).
- In the Matter of the Petition of Melvin J. Cummins for an Order Determining Boundary Lines. Minn. Ct. App. 2015
- In the Matter of the Petition of Melvin J. Cummins for an Order Determining Boundary Lines. Minn. Ct. App. 2015
- Ruikkie v. Nall 798 N.W.2d 806 Minn. Ct. App. 2011
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Ruikkie v. Nall
798 N.W.2d 806
Minn. Ct. App. 2011
The effect of boundary by practical location “is to divest one party of property”; accordingly, “the evidence establishing the practical location must be clear, positive, and unequivocal.”
- Britney v. Swan Lake Cabin Corp. 795 N.W.2d 867 Minn. Ct. App. 2011
- Britney v. Swan Lake Cabin Corp. 795 N.W.2d 867 Minn. Ct. App. 2011
- Premier Bank v. Becker Development, LLC 767 N.W.2d 691 Minn. Ct. App. 2009
- Premier Bank v. Becker Development, LLC 767 N.W.2d 691 Minn. Ct. App. 2009
- Slindee v. Fritch Investments, LLC 760 N.W.2d 903 Minn. Ct. App. 2009
- Slindee v. Fritch Investments, LLC 760 N.W.2d 903 Minn. Ct. App. 2009
- Gabler v. Fedoruk 756 N.W.2d 725 Minn. Ct. App. 2008
- Gabler v. Fedoruk 756 N.W.2d 725 Minn. Ct. App. 2008
- In Re the Estate of Savich 671 N.W.2d 746 Minn. Ct. App. 2003
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In Re the Estate of Savich
671 N.W.2d 746
Minn. Ct. App. 2003
eed if it is proved that (1) there was a valid agreement between the parties expressing their real intentions; (2) the written instrument allegedly evidencing the agreement failed to express the real intentions of the parties; and (3) this failure was due to a mutual mistake of the parties, or a
- Pratt Investment Co. v. Kennedy 636 N.W.2d 844 Minn. Ct. App. 2001
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Pratt Investment Co. v. Kennedy
636 N.W.2d 844
Minn. Ct. App. 2001
To acquire land by practical location of boundaries by acquiescence, a person must a show by evidence that is clear, positive, and unequivocal that the alleged property line was “acquiesced in for a sufficient length of time to bar a right of entry under the statute of limitations.”
- Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc. 624 N.W.2d 796 Minn. Ct. App. 2001
- Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc. 624 N.W.2d 796 Minn. Ct. App. 2001
- Manderfeld v. Krovitz 539 N.W.2d 802 Minn. Ct. App. 1995
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Manderfeld v. Krovitz
539 N.W.2d 802
Minn. Ct. App. 1995
( Fritz v. Fritz, 94 Minn. 264 , 102 N.W.
- Carey and Emmings, Ltd. v. Ludowese 434 N.W.2d 483 Minn. Ct. App. 1989
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Carey and Emmings, Ltd. v. Ludowese
434 N.W.2d 483
Minn. Ct. App. 1989
-59 (Minn. 1977) (citations omitted).
- Nunnelee v. Schuna 431 N.W.2d 144 Minn. Ct. App. 1988
- Nunnelee v. Schuna 431 N.W.2d 144 Minn. Ct. App. 1988
- Nolan v. Stuebner 429 N.W.2d 918 Minn. Ct. App. 1988
- Nolan v. Stuebner 429 N.W.2d 918 Minn. Ct. App. 1988
- Weis v. Kozak 410 N.W.2d 903 Minn. Ct. App. 1987
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Weis v. Kozak
410 N.W.2d 903
Minn. Ct. App. 1987
Phillips v. Blowers, 281 *907 Minn. 267, 269, , 526 (1968).
- Sullivan v. Eginton 406 N.W.2d 599 Minn. Ct. App. 1987
- Sullivan v. Eginton 406 N.W.2d 599 Minn. Ct. App. 1987
- LeeJoice v. Harris 404 N.W.2d 4 Minn. Ct. App. 1987
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LeeJoice v. Harris
404 N.W.2d 4
Minn. Ct. App. 1987
Phillips v. Blowers, 281 Minn. 267, 269
- Lake Mille Lacs Investment, Inc. v. Payne 401 N.W.2d 387 Minn. Ct. App. 1987