Thompson v. Ellenz
Supreme Court of Minnesota
Appeal by defendants, John Ellenz, J. M. Sprague and others, from an order of the District Court of Houston County, Jno. Whytock, J., made January 19, 1894, denying their motion for a new trial. The north half of the northeast quarter of Section five, T. 102, R. 6, in Houston County, was with other lands on March 3, 1857, granted by the United States to Minnesota in aid of the construction of railroads.
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Appeal by defendants, John Ellenz, J. M. Sprague and others, from an order of the District Court of Houston County, Jno. Whytock, J., made January 19, 1894, denying their motion for a new trial. The north half of the northeast quarter of Section five, T. 102, R. 6, in Houston County, was with other lands on March 3, 1857, granted by the United States to Minnesota in aid of the construction of railroads. The State on December 1, 1866, granted this land to the Southern Minnesota Railroad Company and it by three separate and successive deeds of trust conveyed the land to Samuel B. Ruggles and…
1Opinion of the CourtCanty, J.
Plaintiff brought an action of ejectment against defendants for the possession of the land in question, alleging that on the 22d day of March, 1880, “the Southern Minnesota Railroad Company, by its trustees Samuel B. Buggies, and Albon P. Man, was the owner of this land, and on that day executed and delivered a contract to Nicholas Ellenz, which is set out by copy, and purports to be an agreement by the railway company, “acting as well on its own behalf as on behalf of Samuel B. Ruggles and Albon P. Man, trustees under a special land trust created by said company, of the first part,” and…
2Cases cited4 opinions
- Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875
- McKibbin v. EllingsonSupreme Court of Minnesota · 1894
- Mitchell v. ChisholmSupreme Court of Minnesota · 1894
- Paulson v. CloughSupreme Court of Minnesota · 1889
3Cited by7 opinions
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Johnson v. PetersonSupreme Court of Minnesota · 1903
- Kassmir v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1934
- London & North West American Mortgage Co. v. St. Paul Park Improvement Co.Supreme Court of Minnesota · 1901
- Leader v. JoyceSupreme Court of Minnesota · 1965
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