St. Paul, Minneapolis & Manitoba Railway Co. v. Eckel
Supreme Court of Minnesota
Action of ejectment by Edward Sawyer, as special commissioner, against Daniel B. Eckel. An order was made substituting St. Paul, Minneapolis & Manitoba Railway Company as plaintiff and requiring the heirs at law of defendant, who had died, to show cause why they should not be substituted as parties defendant, and why the action should not be revived against them.
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Action of ejectment by Edward Sawyer, as special commissioner, against Daniel B. Eckel. An order was made substituting St. Paul, Minneapolis & Manitoba Railway Company as plaintiff and requiring the heirs at law of defendant, who had died, to show cause why they should not be substituted as parties defendant, and why the action should not be revived against them. From an order, Searle, J., denying the motion for substitution of defendants and revival of the action,-the substituted plaintiff appealed.
1Opinion of the CourtCollins, J.
This was an action in ejectment. In addition to the usual allegations in the complaint, it was alleged that in 1875 the United States patented the land in question to the state; that February 22, 1877, the latter conveyed it to the St. Paul & Pacific Railway Company; and that the present substituted plaintiff, a corporation, had succeeded to all the rights and title of said railway company. It was also alleged that the land was within the territorial limits of the grant to the Northern Pacific Railway Company, as fixed by the act of July 2, 1864, and was also within the territorial limits of…
2Cases cited2 opinions
- MacKall v. CasilearSupreme Court of the United States · 1890
- Taylor v. WhitneySupreme Court of Minnesota · 1894
3Cited by8 opinions
- State Ex Rel. Peterson v. BentleySupreme Court of Minnesota · 1943
- Wheeler v. WhitneySupreme Court of Minnesota · 1923
- Allen v. FrawleyWisconsin Supreme Court · 1909
- Coleman v. AkersSupreme Court of Minnesota · 1902
- Hanson v. SommersSupreme Court of Minnesota · 1908
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