Thoen v. Roche
Supreme Court of Minnesota
Appeal by plaintiff, John A. Thoen, from an order of the District Court of Morrison County, L. L. Baxter, J., made February 7, 1893, denying his motion for a new trial. The defendant, Robert Roche, on June 17, 1875, purchased and has ever since owned and occupied the southeast quarter of section thirty one (31), T. 39, R. 30, in Morrison County. William Roche, defendant’s brother, in April, 1878, purchased the northeast quarter of the same section.
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Appeal by plaintiff, John A. Thoen, from an order of the District Court of Morrison County, L. L. Baxter, J., made February 7, 1893, denying his motion for a new trial. The defendant, Robert Roche, on June 17, 1875, purchased and has ever since owned and occupied the southeast quarter of section thirty one (31), T. 39, R. 30, in Morrison County. William Roche, defendant’s brother, in April, 1878, purchased the northeast quarter of the same section. The line between the two quarter sections was surveyed in 1876 and a highway laid on the line as then located. William afterwards sold his land to…
1Opinion of the CourtGilfillan, C. J.
Ejectment. Tbe matter at issue is tbe location of the boundary line between the northeast quarter, owned by plaintiff, and the southeast quarter, owned by defendant, of section thirty-one, this depending on the proper location of the quarter-section post on the east side of the section established by the United States survey. As is frequently the case, that post has disappeared. It appears that, some sixteen years before the trial, one Garrison, a surveyor, made a survey of the east and west line between the north and south half-sections, and, as he supposed, found where the quarter post of…
2Cases cited1 opinion
- Beardsley v. CraneSupreme Court of Minnesota · 1893
3Cited by5 opinions
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- Lenzmeier v. EssSupreme Court of Minnesota · 1937