Legal Opinion

Hartman v. Warren

Court of Appeals for the Eighth Circuit

Decided September 14, 1896No. 767PublishedCited by 25 opinions

Appeal from Hie Circuit Court of the United States for the Distinct of Minnesota. This is an appeal from a decree which sustained a demurrer to a bill in equity and dismissed the bill.

Read the full summary

Appeal from Hie Circuit Court of the United States for the Distinct of Minnesota. This is an appeal from a decree which sustained a demurrer to a bill in equity and dismissed the bill. Emil Hartman, the appellant, brought this bill in tlie court below against .lames H. Warren and his immediate and remote grantee's, the appellees, to obtain a decree of that court that those of the ap-pellees who then held the title to lot 7 and the N. E. % of the S. W. % of section 30. township 63 N., of range Ji W., in tlie county of St. Louis, in the state of Minnesota, held it in trust for liis benefit. The…

1Opinion of the CourtSanborn, Circuit Judge

The appellant attacks the patent of the United States, under which the appellees hold this land, on the ground that the patentee'was not legally entitled to receive it. Two preliminary questions are forced upon our consideration, and demand determination before we can reach the investigation of the title of the appellees. They are: Did the appellant, Hartman, ever acquire any right to or equitable interest in the land which was injuriously affected by the issue of the patent to Warren? If not, can he maintain a suit in equity to charge the holders of the legal title under this patent with a…

2Cases cited32 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Shepley v. CowanSupreme Court of the United States · 1876
  4. Boggs v. Merced Mining Co.California Supreme Court · 1859
  5. Witherspoon v. DuncanSupreme Court of the United States · 1867

27 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
  2. Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
  3. Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  4. Magruder v. Belle Fourche Valley Water Users' Ass'nCourt of Appeals for the Eighth Circuit · 1914
  5. Teller v. United StatesCourt of Appeals for the Eighth Circuit · 1901

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API