Ellsworth v. Southern Minnesota Railway Extension Co.
Supreme Court of Minnesota
Action to enforce specific performance of an alleged agreement by defendant to convey certain land situated in Martin county, brought in the district court for that county.
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Action to enforce specific performance of an alleged agreement by defendant to convey certain land situated in Martin county, brought in the district court for that county. The agreement sought to be enforced is contained in the following circular and “permit,” (referred to in the opinion as “Exhibit A,”) viz.: Circular Relating to the Lanes oe the Southern Minnesota Railway Extension Company'. By an act of congress approved July 4, 1866, entitled “ An act making an additional grant of lands to the state of Minnesota, in alternate sections, to aid in the construction of railroads in said…
1Opinion of the CourtMitchell, J.
In the spring of 1878, the defendant, desiring the immediate settlement and improvement of the lands along the line of its railway to which it expected to acquire title under the “land-grant” acts referred,to in the complaint, made known to the public the terms upon which it would issue “permits” to persons desiring to enter and settle upon them. These terms were embodied in the published circular, Exhibit A. In May, 1878, one Lee Neel (plaintiff’s assignor) verbally applied for a “permit” for the land in controversy, upon the terms referred to. On the twentieth of July, 1878, defendant’s…
2Cases cited7 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Mason v. . DeckerNew York Court of Appeals · 1878
- Justice v. . LangNew York Court of Appeals · 1873
- Perkins v. HadsellIllinois Supreme Court · 1869
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parish v. KaspareIndiana Supreme Court · 1887
- Breen v. MayneSupreme Court of Iowa · 1908
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Young v. EllisSupreme Court of Virginia · 1895
- Stauff v. BingenheimerSupreme Court of Minnesota · 1905
5 more not listed; retrieve them via the Exa API.