Webber v. Axtell
Supreme Court of Minnesota
Action of ejectment in the district court for Martin county. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion to amend the conclusions of law and denying a new trial, defendants appealed. Fox Lake is a navigable lake; public, as distinguished from private waters. Lamprey v. State, 52 Minn. 181. Being public waters, plaintiff’s title to the shore lands extends only to low water mark, and does not include the island.
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Action of ejectment in the district court for Martin county. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion to amend the conclusions of law and denying a new trial, defendants appealed. Fox Lake is a navigable lake; public, as distinguished from private waters. Lamprey v. State, 52 Minn. 181. Being public waters, plaintiff’s title to the shore lands extends only to low water mark, and does not include the island. Railroad Co. v. Schurmeier, 7 Wall. 272; Lamprey v. State, supra; Brisbine v. St. Paul & S. C. R. Co., 23 Minn. 114; Union…
1Opinion of the Court
LOVELY, J..
Plaintiff in this action seeks to recover an island in one of the smaller lakes of Martin county, about fifteen rods distant from four government lots which he entered and patented under the homestead laws *378of the United States. The cause was tried to the court, who, upon findings of fact, held as a conclusion of law that plaintiff was entitled to judgment declaring him to be the owner1 of the land in suit, and ordered judgment in his favor. This appeal is from an order denying amended findings and for a new trial.
We are of the opinion that this cause must be determined upon the…
2Cases cited4 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Bidwell v. WebbSupreme Court of Minnesota · 1865
- Sage v. RudnickSupreme Court of Minnesota · 1904
3Cited by8 opinions
- State v. Longyear Holding Co.Supreme Court of Minnesota · 1947
- Flisrand v. MadsonSouth Dakota Supreme Court · 1915
- Tucker v. MortensonSupreme Court of Minnesota · 1914
- Bigelow v. HerrinkSupreme Court of Iowa · 1925
- Sherwin v. BitzerSupreme Court of Minnesota · 1906
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