Randall v. Edert
Supreme Court of Minnesota
ERROR TO THE DISTRICT OOURT OE SCOTT COUNTY. I. — The Plaintiff shows himself in possession of the land in question, prior to Defendant’s purchase. This is notice to the world of the title of the Plaintiff. Miner vs. Willoughby <& Powers, 3 Mmn., p. 238. II. — The entry of the land by Hammond, July 28th, 1855, divested the title of the United States, and the United States cannot, any more than a private individual, resume or cancel its own grant.
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ERROR TO THE DISTRICT OOURT OE SCOTT COUNTY. I. — The Plaintiff shows himself in possession of the land in question, prior to Defendant’s purchase. This is notice to the world of the title of the Plaintiff. Miner vs. Willoughby <& Powers, 3 Mmn., p. 238. II. — The entry of the land by Hammond, July 28th, 1855, divested the title of the United States, and the United States cannot, any more than a private individual, resume or cancel its own grant. Oamp vs. Smith, '2 Mmn., 155 ; Shitty’s Prerogatives^. 132, chap. 8; 3 Kent’s Com., 458-60; 7 Pick, p. 507. HI. — There is no authority in the law,…
1Opinion of the Court
By the Court
-Elasidkau, J.
-This action was commenced *453to quiet the title of the Plaintiff to lands in Scott-county. The complaint alleges possession in the Plaintiff, and an adverse claim made by Defendants. The answer puts in issue the allegation of possession, and alleges a- purchase by one of the Defendants from the United States, of the land in question, prior to the first day of August,' 1861, and the issuance of a patent therefor on said-first day of August, and that the Defendant, Elizabeth Edert, to whom the patent was issued^ is still the owner of the land in fee simple absolute.
The…
2Cited by9 opinions
- Franklin v. KelleyNebraska Supreme Court · 1873
- American Mortg. Co. of Scotland v. HopperCourt of Appeals for the Ninth Circuit · 1894
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- American Mortg. Co. of Scotland v. HopperU.S. Circuit Court for the District of Oregon · 1893
- Swigart v. WalkerSupreme Court of Kansas · 1892
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