Osborn v. Froyseth
Supreme Court of the United States
ERROR TO TIIE SUPREME COURT OP THE STATE OP MINNESOTA. This was an action of ejectment to recover the southeast quarter of section 7, township 119, range 40, in Chippewa County, Minnesota. A jury was waived and the case tried by the court, which made a finding of facts upon which judg,ment was entered for the defendant.
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ERROR TO TIIE SUPREME COURT OP THE STATE OP MINNESOTA. This was an action of ejectment to recover the southeast quarter of section 7, township 119, range 40, in Chippewa County, Minnesota. A jury was waived and the case tried by the court, which made a finding of facts upon which judg,ment was entered for the defendant. Upon appeal to the Supreme Court of the State this judgment was affirmed. 107 Minnesota, 568. Thereupon, in due course, this writ of error was sued out by the original plaintiffs. The plaintiffs claimed title under a land grant made by .Congress, July 4, 1866, known as the…
1Opinion of the Court
Mr. Justicio Lurton,
after making the foregoing statement of facts, delivered the opinion of the court. '
The facts found show that on May 15, 1888, the defendant in error, being in every way qualified, entered upon the land •in question with the intention of claiming it as a homestead, and has ever since continued in possession, residing thereon with his family, and that his improvements have at all times been such as to comply with the homestead laws and exceeded in value seven hundred dollars when this action of ejectment was started. On November 3,> 1891, he offered at the proper land…
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