Irvine v. . Marshall
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — The rules relating to the introduction of secondary, are the same as those regulating primary evidence, and the best evidence of which the matter is susceptible, must be produced ; hence a copy is the best evidence of the contents of a lost instrument, and the referee erred in excluding the copy of the agreement between Irvine and Barton. 9 Peters, 663, (11 Cur., 521); 4 Curtis, 428, 715; 20 Curtis U. 8., 167, (14 Sow.,…
Read the full summary
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — The rules relating to the introduction of secondary, are the same as those regulating primary evidence, and the best evidence of which the matter is susceptible, must be produced ; hence a copy is the best evidence of the contents of a lost instrument, and the referee erred in excluding the copy of the agreement between Irvine and Barton. 9 Peters, 663, (11 Cur., 521); 4 Curtis, 428, 715; 20 Curtis U. 8., 167, (14 Sow., 263); 6 6*«.,'188; 5 Ala., 435/ 1 Peters, 591; 8 Ga., 468; 9 Geo., 471/ 10 B. Mon., 115; 5 Gill., 113/ 12 U. 8. Pig.,…
1Opinion of the Court
By the Court
EMMBtt, C. J.
The facts of this case, as found by the referee to whom the several issues were submitted, are as follows:
On the 11th of September, 1854, the lands described in the complaint were purchased of the United States by the Defendant Marshall, for the sum of two hundred dollars, at a sale of the public lands held in Stillwater. Eor some time prior to said sale, both Plaintiff and the Defendant Barton claimed to have settled and made improvements upon said land, by virtue of which each insisted upon the exclusive right to purchase the same, when it should be offered for sale…
2Cases cited4 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Irvine v. MarshallSupreme Court of the United States · 1858
- Wentworth v. WentworthSupreme Court of Minnesota · 1858
- Jackson v. FellerNew York Supreme Court · 1829
3Cited by5 opinions
- Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1941
- Goddard v. KingSupreme Court of Minnesota · 1889
- Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1943
- Zelle v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1954
- Larson v. NygaardSupreme Court of Minnesota · 1921