Farnham v. Jones
Supreme Court of Minnesota
Plaintiff, claiming to be the owner of certain land in Gass county, brought this action in the district court for the counties of Crow Wing, Gass, Itasca and Aitkin, to recover the value of 2,160,000 feet of pine timber cut and taken away from such land by the defendants. The defendant Jones admitted the cutting and taking away of the timber, and pleaded title in himself to both the land and timber.
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Plaintiff, claiming to be the owner of certain land in Gass county, brought this action in the district court for the counties of Crow Wing, Gass, Itasca and Aitkin, to recover the value of 2,160,000 feet of pine timber cut and taken away from such land by the defendants. The defendant Jones admitted the cutting and taking away of the timber, and pleaded title in himself to both the land and timber. On the trial, before Stearns, J., a jury having been waived, it appeared that the plaintiff’s title rested solely upon a tax sale made in September, 1881, for taxes delinquent in and prior to…
1Opinion of the CourtVanderburgh, J.
The plaintiff, claiming title to the lands in controversy, brings trespass for the value of pine timber cut and taken away by the defendants from the same during the winter of 1882. The defendant Jones is admitted to be the owner of the land (320 acres) described in the complaint, unless the plaintiff has acquired title thereto by assignment from the purchaser upon an alleged sale thereof for delinquent taxes, in pursuance of the provisions of chapter 135, Laws 1881, “to enforce the payment of taxes which became delinquent in and prior to 1879.” At the trial the court ordered judgment for the…
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