Preston v. Cloquet Tie & Post Co.
Supreme Court of Minnesota
Action in tbe district court for St. Louis county to recover $1,650 for tbe conversion of certain timber. Tbe answer admitted tbat one Eandall bad cut a small quantity of timber on tbe lands described in tbe complaint, but as to tbe quantity and character of tbe timber so cut, it bad no knowledge, and alleged tbat tbe cutting of tbe timber occurred more than six years prior to tbe commencement of tbe action; tbat plaintiff started an action in 1908 for tbe same cause of…
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Action in tbe district court for St. Louis county to recover $1,650 for tbe conversion of certain timber. Tbe answer admitted tbat one Eandall bad cut a small quantity of timber on tbe lands described in tbe complaint, but as to tbe quantity and character of tbe timber so cut, it bad no knowledge, and alleged tbat tbe cutting of tbe timber occurred more than six years prior to tbe commencement of tbe action; tbat plaintiff started an action in 1908 for tbe same cause of action; and tbat action was still pending. Tbe case was tried before Cant, J., wbo made findings of fact and as conclusion…
1Opinion of the CourtStart, C. J.
Appeal from the judgment of the district court of the county of St. Louis in an action for the conversion of certain timber. The findings of fact hy the trial judge, as amended, were to the effect following:
The plaintiff, on July 12, 1902, duly made application to enter as a homestead the land described in the complaint, and in September next following he took possession thereof, erected a house, and made. other improvements thereon, claiming the exclusive right thereto under the homestead laws of the United States, with which he has at all times since first applying to enter the land fully…
2Cases cited5 opinions
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
- Carner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Hastay v. BonnessSupreme Court of Minnesota · 1901
- Roy v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1897
- Stitt v. Namakan Lumber Co.Supreme Court of Minnesota · 1905
3Cited by4 opinions
- Wild v. RarigSupreme Court of Minnesota · 1975
- Cloquet Lumber Co. v. BurnsCourt of Appeals for the Eighth Circuit · 1913
- Leebens v. THE BAKER CO.Supreme Court of Minnesota · 1951
- Wild v. RarigSupreme Court of Minnesota · 1975