Warren v. Van Brunt
Supreme Court of Minnesota
This action was brought in the district court for Bine Earth County, against the representatives of George M. Yan Brunt, deceased. The. relief sought was that the defendants be required to convey to plaintiff a certain forty acre tract of land according to legal subdivisions, to which he claimed defendants held the legal title in trust for his use and benefit.
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This action was brought in the district court for Bine Earth County, against the representatives of George M. Yan Brunt, deceased. The. relief sought was that the defendants be required to convey to plaintiff a certain forty acre tract of land according to legal subdivisions, to which he claimed defendants held the legal title in trust for his use and benefit. The plaintiff and said Yan Brunt entered upon the forty acres in dispute in June, 1853, before the government survey, and made a joint claim of about 280 acres, built a log house, and made other improvements on said forty acre tract…
1Opinion of the Court
By the Cov/rt
Berry, J.
Both tbe letter and tbe spirit of tbe pre-emption laws of the-United States applicable to this case, (see act Sept. Mh, 1841,) and especially tbe oath prescribed to be taken by the settler, require that a pre-emption entry shall be made for tbe exeluswe benefit of tbe pre-emptor. This being so, no agreement entered into between Yan Brunt and Warren prior to entry, whereby any part of the land to be pre-empted by either, was to be shared with the other, could be enforced. As the pre-emption law does not permit a quarter quarter section to be subdivided for the purposes of…
2Cases cited4 opinions
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- Jones v. McMasters Ex Rel. YbarbaSupreme Court of the United States · 1858
- Barnard's Heirs v. ASHLEY'S HEIRSSupreme Court of the United States · 1856
- Eaton v. BenefieldIndiana Supreme Court · 1827
3Cited by7 opinions
- In Re Jenison Contempt ProceedingsSupreme Court of Minnesota · 1963
- State v. ScottSupreme Court of Minnesota · 1889
- Trebby v. SimmonsSupreme Court of Minnesota · 1888
- Ferrier v. McCabeSupreme Court of Minnesota · 1915
- Mueller v. FruenSupreme Court of Minnesota · 1886
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