Legal Opinion

Naddo v. Bardon

U.S. Circuit Court for the District of Minnesota

Decided October 16, 1891PublishedCited by 3 opinions

In Equity. Bill to recover land, enforce an implied trust, and for an accounting. On demurrer to bill. The following are the material averments of the bill : (1) January 1, 1863, complainant obtained patent from the government for the S. W. \ of the jST. E. i of section 5, township 49 N., range 14, together with other lands.

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In Equity. Bill to recover land, enforce an implied trust, and for an accounting. On demurrer to bill. The following are the material averments of the bill : (1) January 1, 1863, complainant obtained patent from the government for the S. W. \ of the jST. E. i of section 5, township 49 N., range 14, together with other lands. Patent recorded January 26, 1863. Complainant, June 6, 1863, removed to Canada, leaving the property in charge of his nephew, Pierre Etu, as his agent, gave him a warranty deed of the property, intended as a power of attorney, that lie might manage the property, stating…

1Opinion of the Court

Thomas, J.,

(after stating the facts.) The view I have taken of this case renders the consideration of any proposition advanced, except the laches and acquiescence of the complainant, unnecessary. In arriving at a conclusion, 1 have had the aid of an oral argument by able counsel, *786and have been furnished with full and exhaustive briefs. Does this bill show upon its face that the complainant has been guilty of such laches, and that he has so far acquiesced in the disposition of the property in question, as to warrant this court in withholding any relief? If so, the objection to the bill may…

2Cases cited24 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Badger v. BadgerSupreme Court of the United States · 1865
  3. Speidel v. HenriciSupreme Court of the United States · 1887
  4. Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
  5. Prevost v. GratzSupreme Court of the United States · 1821

19 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Phelps v. GradyCalifornia Supreme Court · 1914
  2. Guerin v. American Smelting & Refining Co.Arizona Supreme Court · 1925
  3. Nichols v. NicholsCourt of Appeals for the Eighth Circuit · 1927

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