Donohue v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to have plaintiff decreed the owner of certain premises, and that the legal title of defendant is held by it in trust for plaintiff. The case was tried before Spoon-er, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.
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Action in the district court for Itasca county to have plaintiff decreed the owner of certain premises, and that the legal title of defendant is held by it in trust for plaintiff. The case was tried before Spoon-er, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed. This is an appeal by the defendant and appellant railway company from the judgment entered by the district court of Itasca county, decreeing that the plaintiff and respondent was the owner of certain lands in controversy, and that the defendant had no interest therein, but…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
The first question presented by this appeal is whether, as between the railway company and Jerry Hickey, the railway company had the better right.
The railway company contends: (1) That Hickey never took possession of, occupied, improved, settled, or established a residence upon lot 12 of section 3, or lots 9 or 10 of section 4, township 60 N., range 24 W., the land in controversy herein, and never in any manner indicated an intention to claim said land under the homestead law, until he filed his homestead application in July, 1896; (2) that Hickey’s admitted…
2Cases cited20 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- United States v. MooreSupreme Court of the United States · 1878
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
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3Cited by1 opinion
- United States v. WeselyU.S. Circuit Court for the District of Minnesota · 1911