Legal Opinion

Winona & St. Peter Railroad v. St. Paul & Sioux City Railroad

Supreme Court of Minnesota

Decided February 12, 1877PublishedCited by 10 opinions

This action was brought in the district court for Watonwan county, to restrain the defendant from applying for or receiving from the governor of the state any deed or conveyance of certain lands described in the complaint; the complaint also praying that plaintiff be adjudged to be the owner of the lands.

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This action was brought in the district court for Watonwan county, to restrain the defendant from applying for or receiving from the governor of the state any deed or conveyance of certain lands described in the complaint; the complaint also praying that plaintiff be adjudged to be the owner of the lands. The lands in question are claimed by each of the parties to this suit as a part of its land grant, and the complaint sets foi'th the legislation i d other proceedings by which plaintiff became a corporation, and on which it founds its claim to the lauds. By order of the court, the original…

1Opinion of the CourtCornell, J.

The portion of the amended answer stricken out by the order appealed from, of which defendant complains, is as follows : “ That in the year 1867 the Chicago & Northwestern Railway Company, a corporation organized and acting under and by virtue of the laws of Illinois, became the owner and seized and possessed of the sole beneficial interest in the rights, property, and immunities of said plaintiff, and has ever since that time controlled and operated the same for its sole use and benefit; that said portion of said line, extending from the Avest side of said range 31 to the Avestern terminus,…

2Cited by10 opinions

  1. Button v. HoffmanWisconsin Supreme Court · 1884
  2. Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
  3. Brodsky v. FrankIllinois Supreme Court · 1930
  4. Louisville Banking Co. v. EisenmanCourt of Appeals of Kentucky · 1893
  5. Kardo Co. v. AdamsCourt of Appeals for the Sixth Circuit · 1916

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