Minnesota Statutes
Minn. Stat. § 559.05 (2026)
Action Against Cotenant; Denial Of Right
✓ current as of May 2026
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In an action by a tenant in common or joint tenant of real property against a cotenant, the plaintiff shall show, in addition to the evidence of the plaintiff's right, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.
Notes of Decisions
Cited in 2
cases, 1943–1944 · leading case: Petraborg v. Zontelli, 15 N.W.2d 174 (Minn. 1944).
Petraborg v. Zontelli, 15 N.W.2d 174 (Minn. 1944). “1941, § 559.05 (Mason St. 1927, § 9560), which provides: “In an action by a tenant in common or joint tenant of real property against a cotenant, the plaintiff shall show, in addition to the evidence of his right, that the defendant either denied the plaintiff’s right, or did…”
Hoverson v. Hoverson, 12 N.W.2d 501 (Minn. 1943). “Now, as a cotenant, he asserts that he has not excluded the others from possession, and that therefore the income from the crops raised belong to him without liability to share with the rest, citing in support thereof (Appellant’s Brief, pp.”
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