Osborn v. Froyseth
Supreme Court of Minnesota
Action in ejectment in the district court for Chippewa county by the assignees in trust of the Hastings & Dakota Railway Company against a person who had occupied since 1889 land within the indemnity limit claimed by that company under its land grant. The case was tried before Powers, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the CourtLewis, J.
This is an action in ejectment, and appellants claim title to the premises by virtue of the act of congress approved July 4, 1866, known as the “Hastings & Dakota Railway land grant.”
The answer denies the validity of appellants’ selection of the lands in the indemnity limits, and alleges that respondent was duly qualified to make a homestead entry, and that he entered upon the land in question prior to 1891, with the intention of making a homestead entry thereon; that he duly offered his homestead application at the proper land office, accompanied by a tender of the necessary fees; that, the…
2Cases cited2 opinions
- Gertgens v. O'CONNORSupreme Court of the United States · 1903
- Sage v. MaxwellSupreme Court of Minnesota · 1904
3Cited by3 opinions
- Morris v. SvorSupreme Court of Minnesota · 1911
- Kinyon v. ChristiansonSupreme Court of Minnesota · 1913
- Osborn v. FroysethSupreme Court of Minnesota · 1909