Scofield v. Scheaffer
Supreme Court of Minnesota
Action in the district court for Grant county to .have a certain mill-dam on the Pomme de Terre river removed because its maintenance caused the overflow of plaintiff’s land and to recover $100 damages.
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Action in the district court for Grant county to .have a certain mill-dam on the Pomme de Terre river removed because its maintenance caused the overflow of plaintiff’s land and to recover $100 damages. The answer alleged that • defendant was the owner of a custom mill which was run by power obtained by means of a dam constructed on that river, that the mill and dam were erected in the year 1874 and had been openly, continuously, and adversely operated ever since that time by defendant’s grantors and himself, and that plaintiff bought his land with knowledge of and subject to defendant’s…
1Opinion of the CourtElliott, J.
This is an' appeal from a judgment which requires the defendant to remove a milldam, which in its present condition causes the water to overflow the plaintiff’s land.
On June 29, 1896, the United States conveyed the land in question to the state of Minnesota. On November 4, 1905, the respondent purchased the land from the state at a sale of swamp land, and received therefor from the state a land commissioner’s certificate, which was-duly recorded. Under this certificate the purchaser became entitled to the possession of the land. The court found that twenty five acres of the land was in its…
2Cases cited5 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- United States v. LouisianaSupreme Court of the United States · 1888
- Cook County v. Calumet & Chicago Canal & Dock Co.Supreme Court of the United States · 1891
- Murtaugh v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1907
- Haaven v. HoaasSupreme Court of Minnesota · 1895
3Cited by7 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- State v. PetersonIdaho Supreme Court · 1939
- O'Brien v. WilsonWashington Supreme Court · 1908
- State v. FinneganSupreme Court of Minnesota · 1933
- Scofield v. ScheafferSupreme Court of Minnesota · 1908
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