Fryberger v. Inland Steel Co.

Appeal from an order sustaining a general demurrer to the complaint. . The case is a companion to Marble v. Oliver I. Min. Co. 172 Minn. 263, 215 N. W. 71, and was originally submitted therewith. In addition to the main issue disposed of by the opinion therein, this case presents a problem peculiar to itself, with respect to which there has been a reargument.

This action differs from the Marble case in that the land involved is owned in fee by the state. Under date of May 14, 1907, a mining lease was issued by the state to George H. Crosby. It was in the form usual for state leases and its…