Hersey v. Lambert
Supreme Court of Minnesota
Appeal by defendant, Ezra P. Lambert, from a judgment of the District Court of Kanabec County, Crosby, J., entered February 25, 1892. The plaintiffs, Eoscoe P. Hersey and others, brought this action under 1878 G. S. ch. 75, § 2, to determine the adverse claim of the defendant to one hundred and twenty acres of vacant and unoccupied pine timber land in Kanabec county. Benjamin P. Smith of Morgantown, Va., on August 18, 1858, received a patent for it from the United States.
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Appeal by defendant, Ezra P. Lambert, from a judgment of the District Court of Kanabec County, Crosby, J., entered February 25, 1892. The plaintiffs, Eoscoe P. Hersey and others, brought this action under 1878 G. S. ch. 75, § 2, to determine the adverse claim of the defendant to one hundred and twenty acres of vacant and unoccupied pine timber land in Kanabec county. Benjamin P. Smith of Morgantown, Va., on August 18, 1858, received a patent for it from the United States. Richard B. Carr of the same place owned other lands in this state. They were neighbors, and the two on May 23, 1862, made…
1Opinion of the CourtVanderburgh, J.
The controversy between these parties is over the title to a quarter section of land in Kanabec county. This land was entered in 1856, at the United States land office at Stillwater, by one Eugene M. Wilson. The certificate of location was assigned to Benjamin E. Smith, to whom a patent was issued in August, 1858. Neither the patent nor assignment of the certificate of entry was recorded. Srpith was a nonresident. There is evidence, however, sufficient to support the finding of the court that he had an agent in the state, who was authorized to act for him and to sell his lands situated…
2Cases cited4 opinions
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Groff v. RamseySupreme Court of Minnesota · 1872
- Gilbert v. HowSupreme Court of Minnesota · 1890
- Nelson v. LarsenSupreme Court of Iowa · 1889
3Cited by7 opinions
- Matzger v. Arcade Building & Realty Co.Washington Supreme Court · 1914
- Mascall v. MurrayOregon Supreme Court · 1915
- Major v. OwenSupreme Court of Minnesota · 1914
- Coppock v. AustinIndiana Court of Appeals · 1904
- Coursolle v. WeyerhauserSupreme Court of Minnesota · 1897
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