Cox v. Manvel
Supreme Court of Minnesota
Appeal by plaintiff, Walter S. Cox, from an order of the District Court of Clay county, Mills, J., made September 21, 1891, denying his motion for a new trial. This was an action under 1878 G. S. ch. 75, § 2, to determine adverse claims to lands in the Village of Barnesville, Minn. The plaintiff is the only child and heir of Henry S. Cox, deceased. The father was a private soldier in Illinois Volunteers in the war of the Rebellion.
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Appeal by plaintiff, Walter S. Cox, from an order of the District Court of Clay county, Mills, J., made September 21, 1891, denying his motion for a new trial. This was an action under 1878 G. S. ch. 75, § 2, to determine adverse claims to lands in the Village of Barnesville, Minn. The plaintiff is the only child and heir of Henry S. Cox, deceased. The father was a private soldier in Illinois Volunteers in the war of the Rebellion. He served over two years, and was honorably discharged. On October 29, 1872, he made a homestead entry on eighty acres of public land at Brownsville, Nebraska, and…
1Opinion of the CourtG-ilfillan, C. J.
Whether the soldier homesteader’s right to an additional entry given by section 2306 of the Revised Statutes of the United States be assignable or unassignable, whether it be, before location, in the nature of real estate or personal property, is immaterial in this case; for the evidence fails to show that either the right or the land secured by its exercise was ever assigned so as- to pass to any one other than the person to whom the right accrued. The right here involved accrued to plaintiff as the minor child of his father, a soldier homesteader. Diantha M. Alder was appointed his guardian…
2Cases cited2 opinions
- Wadleigh v. Duluth Street Railway Co.Supreme Court of Minnesota · 1904
- Herbert v. KeckNebraska Supreme Court · 1892
3Cited by3 opinions
- Vadnais v. StateSupreme Court of Minnesota · 1947
- Cox v. ManvelSupreme Court of Minnesota · 1894
- Pardoe v. MerrittSupreme Court of Minnesota · 1898