Castner v. Gunther
Supreme Court of Minnesota
This is one of a large number of cases pending in the District Court of Steele county, (upon change of venue from Blue Earth county,) brought by certain parties claiming under the Municipal Pre-Emption Law of 1844, the land having been entered as the town site of Mankato, on the 6th day of March, 1858. This cause was tried before a Referee, upon whose report judgment was entered in favor of the Defendant.
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This is one of a large number of cases pending in the District Court of Steele county, (upon change of venue from Blue Earth county,) brought by certain parties claiming under the Municipal Pre-Emption Law of 1844, the land having been entered as the town site of Mankato, on the 6th day of March, 1858. This cause was tried before a Referee, upon whose report judgment was entered in favor of the Defendant. The Plaintiff appealed to this Court from the judgment entered on the Referee’s report. The issues of law arising in the case were partially settled in the case of Leech, vs. Bauch, 3 Mi/m.,…
1Opinion of the Court
By the Court. —
Emmett, C.J.
— This is an action between adverse claimants to certain lots in the town of Mankato, brought under our Statute of March 3, 1855, the lands em*122braced within the town having been entered by the County Judge, under the provisions oí the Act of Congress, of May 23, 1841, commonly called the “ Town-site Law.”
The action provided by this Statute, for determining the interests of adverse claimants, is, in some respects, peculiar, especially in regard to the pleadings, and the manner of determining questions of fact upon an appeal, or writ of error ; and these peculiarities…
2Cited by18 opinions
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Rogers v. BentonSupreme Court of Minnesota · 1888
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Coy v. CoySupreme Court of Minnesota · 1870
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