Rogers v. Clark Iron Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to determine adverse claims to certain real estate. The case was tried before Cant, J., who made findings and ordered judgment in favor of defendants. From the judgment entered thereon and from an order denying their motion to set aside the conclusions of law and for a new trial, plaintiffs appealed.
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Action in the district court for St. Louis county to determine adverse claims to certain real estate. The case was tried before Cant, J., who made findings and ordered judgment in favor of defendants. From the judgment entered thereon and from an order denying their motion to set aside the conclusions of law and for a new trial, plaintiffs appealed. Plaintiffs, as heirs at law of James M. Rogers, deceased, brought this action against the defendants to quiet title to an undivided interest in lands situated in St. Louis county, Minnesota, to restrain the defendants from making claim thereto, or…
1Opinion of the CourtJaggard, J.
(after stating tlie facts as above).
1. Plaintiffs by introduction of the patent made out a prima facie case. The mere fact that the patent remained in the office at Duluth and was never delivered to the plaintiffs did not prevent the vesting of title. Title by patent from the United States is title by record, and delivery of the instrument to the patentee is not, as in a conveyance by a private person, essential to pass the title. U. S. v. Schurz, 102 U. S. 378, 26 L. Ed. 219; U. S. v. Laam (C. C.) 149 Fed. 581.
2. The present is an action to quiet title, asking different kinds of equitable…
2Cases cited94 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Gibson v. ChouteauSupreme Court of the United States · 1872
- United States v. RossSupreme Court of the United States · 1876
- Shepley v. CowanSupreme Court of the United States · 1876
- United States v. SchurzSupreme Court of the United States · 1880
89 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hinds v. ClarkCalifornia Supreme Court · 1916
- Doran v. KennedySupreme Court of Minnesota · 1913
- Weiss v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- McManus v. Nichols-Chisholm Lumber Co.Supreme Court of Minnesota · 1909
- Crane v. VeleySupreme Court of Minnesota · 1921
4 more not listed; retrieve them via the Exa API.