Winona & St. Peter Railroad v. Randall
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Lyon county, Cox, J., presiding, refusing a new trial. The acts to which plaintiff ref erred on the trial are the-following: 11U. S. St. at Large, 195; 13 U. S. St. at Large, 526;' 14 U. S. St. at Large, 97; Laws, 1855, c. 27; Laws, 1857, Ex. Sess. c. 1; Laws, 1858, c. 72; Laws, 1860, g. 82; Sp. Laws, 1862, c. 19. When defendant rested, plaintiff moved for judgment, which was denied.
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Appeal by plaintiff from an order of the district court for Lyon county, Cox, J., presiding, refusing a new trial. The acts to which plaintiff ref erred on the trial are the-following: 11U. S. St. at Large, 195; 13 U. S. St. at Large, 526;' 14 U. S. St. at Large, 97; Laws, 1855, c. 27; Laws, 1857, Ex. Sess. c. 1; Laws, 1858, c. 72; Laws, 1860, g. 82; Sp. Laws, 1862, c. 19. When defendant rested, plaintiff moved for judgment, which was denied. Defendant .then moved for-judgment and, the court intimating its intention to grant this motion, plaintiff obtained leave to offer rebutting testimony,…
1Opinion of the CourtBerry, J.
This is an action in the nature of ejectment, m which the plaintiff seeks possession of 120 acres of land in Lyon.county. Defendant’s claim of title rests upon a pre-emption entry; plaintiff’s, upon a federal grant made by an act of congress approved March Sr 1865, (13 TJ. S. St. at Large, 526,) to aid in the construction of a railroad (among others) from Winona to the Big Sioux river, as the same is supplemented by an act of July 13, 1866, (14 U. S. St. at Large, 97.)
To establish its title, plaintiff introduced in evidence (1) a copy, certified by the state auditor, of a certificate from the…
2Cases cited7 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- French v. FyanSupreme Court of the United States · 1876
- Missouri, Kansas, & Texas Railway Co. v. Kansas Pacific Railway Co.Supreme Court of the United States · 1878
- Grinnell v. Railroad Co.Supreme Court of the United States · 1881
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3Cited by3 opinions
- Gilbert v. McDonaldSupreme Court of Minnesota · 1905
- Olson v. BurkSupreme Court of Minnesota · 1905
- Radke v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888