Lamprey v. State
Supreme Court of Minnesota
Appeal by the defendant, the State of Minnesota, from.a judgment of the District Court of Bamsey County, Otis, J., entered April 8, 1892. The plaintiffs, Uri L. Lamprey and Jeanne B. Lamprey, his wife, on May 16, 1890, filed their complaint against Oscar M. Metcalf, and made the State of Minnesota a party, under 1878 Gr. S. ch. 74, § 45. This statute provides that the state may be made a party to an action for the partition of real property.
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Appeal by the defendant, the State of Minnesota, from.a judgment of the District Court of Bamsey County, Otis, J., entered April 8, 1892. The plaintiffs, Uri L. Lamprey and Jeanne B. Lamprey, his wife, on May 16, 1890, filed their complaint against Oscar M. Metcalf, and made the State of Minnesota a party, under 1878 Gr. S. ch. 74, § 45. This statute provides that the state may be made a party to an action for the partition of real property. The complaint stated that plaintiffs owned forty-nine fiftieths of three hundred acres of land (describing it) situate in West St. Paul, worth $250,000,…
1Opinion of the CourtMitchell, J.
In 1853, at the time of making the United States •survey of sections four, (4,) five, (5,) eight, (8,) and nine, (9,) township twenty-eight, (28,) range twenty-two, (22,) there was in the center of these four sections a shallow, nonmivigable lake, comprising ¡about three hundred acres, which the government surveyor meandered, in accordance with the rules and instructions of the department, “to meander all lakes and deep ponds of the area of twenty-five acres and upwards,” (1 Lester, Land Laws, 714,) and in doing ¡so ran the meander lines substantially along the margin of the lake. The lake…
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