Hayes v. Carroll
Supreme Court of Minnesota
Action in the district court for Wright county to have plaintiffs declared the owners of certain land, and to correct a mistake as to grantees in the patent therefor issued by the federal government. Defendants demurred to the complaint on the ground that it failed to state a cause of action. From an order, Tarbox, J., overruling the demurrer, defendants appealed.
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Action in the district court for Wright county to have plaintiffs declared the owners of certain land, and to correct a mistake as to grantees in the patent therefor issued by the federal government. Defendants demurred to the complaint on the ground that it failed to state a cause of action. From an order, Tarbox, J., overruling the demurrer, defendants appealed. The United States issued the patent to “the heirs of Michael O. D. Hayes, deceased,” under date of October 20, 1873. Honora, his widow, died June 25, 1896. She accepted this patent, and during all her life, nearly 23 years…
1Opinion of the CourtStart, C. J.
The material allegations of the complaint herein are: On March 2, 1863, Michael O. D. Hayes duly filed and settled upon 80 acres of government land in Wright county, in accordance with the homestead laws of the United States, and continued to reside thereon to the time of his death in October, 1868. He complied during such time with all of the provisions of the homestead law as to residence thereon, and as to cultivation and improvement thereof, and during all such time his wife, Honora Hayes, lived with him on the land *136and assisted in the cultivation and improvement thereof. He would have…
2Cases cited7 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- Ruckman v. CorySupreme Court of the United States · 1889
- St. Paul Division No. 1 v. BrownSupreme Court of Minnesota · 1866
- Backus v. BurkeSupreme Court of Minnesota · 1895
- Roy v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1897
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- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Smith v. OwensWest Virginia Supreme Court · 1907
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