Sharon v. Wooldrick
Supreme Court of Minnesota
Action of trespass brought in the district court for Brown county, to recover damages for the alleged unlawful entry upon, and eviction of the plaintiff from, and cutting and removing timber from certain lands of which it is alleged in the complaint, that plaintiff is seized in fee. Issue was joined, and the cause tried by the court without a jury, and judgment ordered for defendant. A motion for a new trial was made and denied, and plaintiff appeals to this court.
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Action of trespass brought in the district court for Brown county, to recover damages for the alleged unlawful entry upon, and eviction of the plaintiff from, and cutting and removing timber from certain lands of which it is alleged in the complaint, that plaintiff is seized in fee. Issue was joined, and the cause tried by the court without a jury, and judgment ordered for defendant. A motion for a new trial was made and denied, and plaintiff appeals to this court. By a stipulation of the attorneys for the respective parties, the, case is submitted to this court upon the following findings of…
1Opinion of the Court
By the Court.
McMillan, J.
The treaty of Mendota of August 5th, 1851, as originally made between the United States government and Med-ay-wa-kaw-toan and "Wah-pay-koo-tay bands of Dakota or Sioux Indians, and submitted to the senate, contained a section reserving to the Indians a tract of country of the average width of teii miles on either side of the Minnesota River, and bounded on the west by the Tchaytam-bay and Yellow Medicine rivers, and on the east by the Little Rock River, and a line running due south from its mouth to the Waraju River.
The senate of the United States amended the treaty…
2Cases cited2 opinions
- Camp v. SmithSupreme Court of Minnesota · 1858
- Walsh v. KattenburghSupreme Court of Minnesota · 1863
3Cited by1 opinion
- State v. DlugiSupreme Court of Minnesota · 1913