Legal Opinion

Village of Mankato v. Willard

Supreme Court of Minnesota

Decided January 15, 1868PublishedCited by 10 opinions

The plaintiff, claiming to be the “ owner in fee simple, and. in trust for the public, for their use, 'as a levee and public landing,” of certain premises, brought this action in the District Court for Blue Earth County, to cancel certain deeds alleged to be a cloud upon plaintiff’s title. The cause was tried before the Court without a jury. Both parties appeal from the judgment rendered. No exceptions were taken to the rulings of the Court upon the trial.

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The plaintiff, claiming to be the “ owner in fee simple, and. in trust for the public, for their use, 'as a levee and public landing,” of certain premises, brought this action in the District Court for Blue Earth County, to cancel certain deeds alleged to be a cloud upon plaintiff’s title. The cause was tried before the Court without a jury. Both parties appeal from the judgment rendered. No exceptions were taken to the rulings of the Court upon the trial. The pleadings, the ■findings of the Court below, and the judgment appealed from, so far as necessary to an understanding of the points…

1Opinion of the Court

Wilson, Ch. J.

By the Court The premises involved in this litigation are situated in the Yillage of Mankato, on the bank of the Minnesota River, and are claimed and used as a levee or public landing. The lands embraced in the site of the Yillage were purchased in May, 1858, from the Government of the Dnited States by the lion. Charles E. Flandrau, then a Judge of the Supreme Court of the Territory of Minnesota, in trust, for the several use and benefit of the occupants thereof, under the Act of Congress entitled “ An Act for the relief of citizens of Towns upon lands of the Dnited States,…

2Cases cited8 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
  4. Pearsall v. PostNew York Supreme Court · 1838
  5. Godfrey v. City of AltonIllinois Supreme Court · 1850

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3Cited by10 opinions

  1. McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
  2. Forney v. Calhoun CountySupreme Court of Alabama · 1887
  3. Yates v. Town of WarrentonSupreme Court of Virginia · 1888
  4. C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
  5. Board of Commissioners v. First Presbyterian ChurchSupreme Court of Kansas · 1883

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