Cole v. Maxfield
Supreme Court of Minnesota
The town site of Jifankato was purchased from the United States by the judge of the proper court, in trust for the use and benefit of the occupants, under the act of Congress commonly called “ The town site act.” The parties to this suit were contesting claimants for a certain portion of said town, (six blocks in fractional lot three, entered as part of the site,) seeking to obtain title thereto from the judge holding the same.
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The town site of Jifankato was purchased from the United States by the judge of the proper court, in trust for the use and benefit of the occupants, under the act of Congress commonly called “ The town site act.” The parties to this suit were contesting claimants for a certain portion of said town, (six blocks in fractional lot three, entered as part of the site,) seeking to obtain title thereto from the judge holding the same. The complaint alleges, among other things, substantially, that the plaintiff, Catharine Cole, is the widow of Hoxie Kathbun, deceased, and that the other plaintiffs…
1Opinion of the CourtBeery, J.
By the Court
This controversy relates to certain portions of the town site of Mankato.
Upon the trial below, the Court, with the assistance of a jury upon, specific issues submitted to them, found for the plaintiffs, and judgment was ordered accordingly. The defendant moved for a new trial. The motion was denied, and in this Court the defendant claims that this denial was erroneous.
1 Because improjier evidence was admitted. This evidence was given by P. JL Johnson, who testified to statements (made upon the trial of another action) by a witness since deceased, tending to show that a certain…
2Cases cited4 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Lowry v. HarrisSupreme Court of Minnesota · 1867
- Barton v. City of SyracuseNew York Supreme Court · 1861
- Von Glahn v. SommerSupreme Court of Minnesota · 1866
3Cited by4 opinions
- Schwartz v. StateNebraska Supreme Court · 1902
- Clague v. HodgsonSupreme Court of Minnesota · 1871
- Malone v. Minnesota Stone Co.Supreme Court of Minnesota · 1887
- Baldwin v. BlanchardSupreme Court of Minnesota · 1870