Sims v. Morrison
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Itasca county, McClenahan, J., sustaining a general demurrer to the complaint.
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Appeal by plaintiff from an order of the district court for Itasca county, McClenahan, J., sustaining a general demurrer to the complaint. From the authorities we deduce the following conclusions, which sustain out; demurrer and the order of the court thereon: 1. This suit involves a question of title, as contradistinguished from one of possession merely, for the reason that the timber, title to which is involved, was and is a part of the real estate. 2. That the determination of this question by the courts depends upon whether or not the jurisdiction and control of the executive department…
1Opinion of the CourtBrown, J.
Appeal from an order sustaining a general demurrer to the complaint.
The facts stated in the complaint are, in substance, as follows: On August 16, 1894, one Roberts, through whom plaintiff claims, made homestead entry of thedand in controversy; entered upon and continued his residence thereon until July, 1900, when he made and submitted to the interior department final proof of his entry and settlement. Prior to making final proof, on September 22, 1899, one O’Connell filed a contest against his entry, alleging as a basis thereof that Roberts had abandoned his claim. The contest' was decided…
2Cases cited10 opinions
- United States v. SchurzSupreme Court of the United States · 1880
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Cornelius v. KesselSupreme Court of the United States · 1888
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Brown v. HitchcockSupreme Court of the United States · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Doran v. KennedySupreme Court of Minnesota · 1913
- Columbia Canal Co. v. BenhamWashington Supreme Court · 1907
- Humbird v. Alger, Smith & Co.Supreme Court of Minnesota · 1905