Matthews v. O'Brien
Supreme Court of Minnesota
Action in ejectment in the district court for Stevens county. The case was tried before Powers, J., and a jury, which rendered a-verdict in favor of plaintiff for possession of the land, and $675 for the use and occupation thereof. From an order denying a motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
The complaint in this action alleges that ever since April 20, 1896, respondent has been the owner of the one hundred sixty acres in question, on which, the same being vacant government land, subject to entry, she obtained a homestead entry. During the year 1896, and subsequent to the date of her entry, appellant unlawfully entered into possession of these premises, which he has ever since continued to cultivate and occupy. This action is brought to recover damages for the crop of 1897 so raised by respondent and cropped by appellant, and for damages which oc*506curred to her garden in 1900. The…
2Cases cited2 opinions
- McHenry v. NygaardSupreme Court of Minnesota · 1898
- Fulmele v. CampSupreme Court of Colorado · 1895
3Cited by5 opinions
- Zimmerman v. McCurdyNorth Dakota Supreme Court · 1906
- Curry v. Sandusky Fish Co.Supreme Court of Minnesota · 1903
- Sims v. MorrisonSupreme Court of Minnesota · 1904
- Warnekros v. CowanArizona Supreme Court · 1910
- Cardinal Petroleum Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1971