Legal Opinion

Gilbert v. Thompson

Supreme Court of Minnesota

Decided July 15, 1869PublishedCited by 7 opinions

This action was commenced in the district court for "Wa-basha county. The complaint alleges title in fee, and right of possession in the plaintiffs, to certain real estate in said county; that the defendant is wrongfully in, and unlawfully withholds the possession, and demands judgment for possession, &c. The defendant answered admitting possession, denying all the other allegations of the complaint, and averring title in himself.

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This action was commenced in the district court for "Wa-basha county. The complaint alleges title in fee, and right of possession in the plaintiffs, to certain real estate in said county; that the defendant is wrongfully in, and unlawfully withholds the possession, and demands judgment for possession, &c. The defendant answered admitting possession, denying all the other allegations of the complaint, and averring title in himself. The cause was tried before the court, assisted by a jury. It appeared on the trial, that both parties claimed title through one Amelia Monette,- who was the…

1Opinion of the Court

By the Court

GtleillaN, Oh. J.

The act. of Congress, of 1854, under which Sioux half-breed scrip was issued, provides “ that no transfer or conveyance of any of said certificates or scrip, shall be valid.” It was the intention of Congress that the right to acquire public lands by means of this scrip, should be a personal right, in the one to whom the scrip issued, and not property in the sense of being assignable ; but no restraint is imposed upon the right of property in the land, after it is acquired by location of the scrip. In the scrip itself, the half-breed had nothing which he could…

2Cited by7 opinions

  1. Lipscomb v. StateMississippi Supreme Court · 1897
  2. Cannady v. LynchSupreme Court of Minnesota · 1881
  3. King v. Nichols & Shepard Co.Supreme Court of Minnesota · 1893
  4. Myrick v. ThompsonSupreme Court of the United States · 1879
  5. Thompson v. MyrickSupreme Court of Minnesota · 1873

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