Dorman v. Ames
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county, in May, 1863, to recover damages for an alleged overflow of plaintiff’s land, caused, as is claimed, by a dam erected and maintained by defendants, on their own land; and for an abatement of the dam as a nuisance; issue was joined and the cause brought to trial.
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This action was brought in the district court for Hennepin county, in May, 1863, to recover damages for an alleged overflow of plaintiff’s land, caused, as is claimed, by a dam erected and maintained by defendants, on their own land; and for an abatement of the dam as a nuisance; issue was joined and the cause brought to trial. The plaintiff’s title to the land alleged to have been overflowed was derived from the H. S. by patent, issued July 1, 1861, and in order to show his right to recover damages for injuries sustained prior to that time, plaintiff offered in evidence the certificate of…
1Opinion of the Court
By the Court
McMillan, J.
By our statute, “No action for damages occasioned by the erection and maintenance of a mill dam, shall be sustained unless such action is brought within two years after the erection of such dam : provided, that such limitation shall not run against or apply to persons living on and holding government land under the pre-emption laws, until a patent for the land damaged or overflowed is issued.” Gen. Stat., Ch. 31, Sec. 17, page 211. The patent was issued July 1st, 1861; the action was brought in May, 1863, but the land was held by the plaintiff under the preemption law.…
2Cases cited1 opinion
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