Roy v. Duluth & Iron Range Railroad
Supreme Court of Minnesota
Separate appeals by defendants, the Duluth & Iron Range Railroad Company and John Megins and Moses D. Kenyon, from a judgment of the district court for St. Louis county, entered pursuant to findings by Ensign, J. Whether the lands were swamp lands or not was a question of fact to be determined by the land department. The decision of that question of fact was within the exclusive jurisdiction of the land department, and cannot be impeached or reviewed by the court.
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Separate appeals by defendants, the Duluth & Iron Range Railroad Company and John Megins and Moses D. Kenyon, from a judgment of the district court for St. Louis county, entered pursuant to findings by Ensign, J. Whether the lands were swamp lands or not was a question of fact to be determined by the land department. The decision of that question of fact was within the exclusive jurisdiction of the land department, and cannot be impeached or reviewed by the court. A court of equity is not precluded from inquiring into the decision of the land department on the ground of fraud or mistake of…
1Opinion of the Court
START, O. J.
Action to determine adverse claims to real estate. Judgment for the plaintiff, from which the defendants appealed.
The unquestioned facts of this case, as found by the trial court, are these: The plaintiff, a qualified homesteader under the laws of the United States relating to homesteads, in good faith and with the bona fide intention of acquiring title thereto under such laws, settled and established his residence on the quarter section of land described in the complaint herein. He has ever since maintained a dwelling house thereon, improved and cultivated the land, and been in…
2Cases cited3 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Ard v. BrandonSupreme Court of the United States · 1895
- Morrison v. StalnakerSupreme Court of the United States · 1881
3Cited by9 opinions
- St. Paul, Minneapolis & Manitoba Railway Co. v. OlsonSupreme Court of Minnesota · 1902
- Lamprey v. DanzSupreme Court of Minnesota · 1902
- Hayes v. CarrollSupreme Court of Minnesota · 1898
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- Preston v. Cloquet Tie & Post Co.Supreme Court of Minnesota · 1911
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