Legal Opinion

Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of the United States

Decided May 18, 1896No. 277PublishedCited by 90 opinions

ERROR TO THE SUFREME COURT OF THE STATE OF •MINNESOTA. On March 20,1890, plaintiff in error commenced his action in the District Court of Hennepin County, Minnesota, to recover possession of certain islands situated in the Mississippi River and within the territorial limits of the city of Minneapolis. After answer and trial had in that court, which resulted in a judgment for the defendant, and which judgment was affirmed by the Supreme Court, this writ of error was sued out.

1Opinion of the CourtJustice Brewer

The title of plaintiff in error, plaintiff below, rests on a patent from, the United States, of date June 13, 1881. This patent was issued under Rev. Stat. § 2306, granting additional homestead lands to soldiers and sailors who served in the war of the rebellion. The record discloses that on April 7,1873, John Tan Anker entered as a homestead at Cawker City, Kansas, the E. £ of N. W. £ section 12, T. 3, R. 12, and "W. of N. ~W. % section 7, T. 3, R. 11, containing 155^^ acres. Under the statute referred to he was entitled to enter lx\9?r acres as an additional homestead, and this without any…

2Cases cited11 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  4. Steel v. Smelting Co.Supreme Court of the United States · 1882
  5. Wright v. RoseberrySupreme Court of the United States · 1887

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3Cited by90 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
  3. AMERICAN SCHOOL OF MAGNETIC HEALING v. McANNULTYSupreme Court of the United States · 1902
  4. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  5. Cameron v. United StatesSupreme Court of the United States · 1920

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