Legal Opinion

Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Chisholm

Supreme Court of Minnesota

Decided November 29, 1893No. 8359PublishedCited by 15 opinions

Appeal by defendants, John Chisholm and Mary his wife, from an order of the District Court of Stearns County, D. B. Searle, J., made February 2, 1893, denying their motion for a new trial.

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Appeal by defendants, John Chisholm and Mary his wife, from an order of the District Court of Stearns County, D. B. Searle, J., made February 2, 1893, denying their motion for a new trial. On April 27, 188G, the defendants entered into a contract with the Minneapolis and Pacific Kailway Company to convey to it, its successors or assigns, on demand within three years thereafter, a strip of land one hundred feet in width for its railroad over the southeast quarter of the southeast quarter of Section eight (8), T. 122, R. 32, near Pavnesville in Stearns County. The contract contained the…

1Opinion of the CourtYanderburgh, J.

The Minneapolis & Pacific Railroad Company, to whose rights and property the plaintiff has succeeded, procured of the defendants a contract for the conveyance to it, its successors or assigns, of a strip of land for right of way through their farm. The contract was executed and dated April 27, 1886, and contains a covenant on defendants’ part to convey the land described therein and in the complaint, upon demand and payment of the price stipulated at any time within three years. It also provided that the construction of the road across the defendants’ lana should not *377be commenced until…

2Cases cited4 opinions

  1. Freeson v. . BissellNew York Court of Appeals · 1875
  2. Gill v. BradleySupreme Court of Minnesota · 1874
  3. McCall v. BushnellSupreme Court of Minnesota · 1889
  4. Lewis v. PrendergastSupreme Court of Minnesota · 1888

3Cited by15 opinions

  1. Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
  2. Blunt v. EgelandSupreme Court of Minnesota · 1908
  3. Kempf v. RangerSupreme Court of Minnesota · 1916
  4. BankCHEROKEE v. INSIGNIA DEVELOPMENT, LLCCourt of Appeals of Minnesota · 2010
  5. Murray v. NickersonSupreme Court of Minnesota · 1903

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