Legal Opinion

Holmes v. Park Rapids Lumber Co.

Supreme Court of Minnesota

Decided June 18, 1909No. Nos. 16,124—(126)PublishedCited by 3 opinions

Action in the district court for Becker county to restrain defendant from cutting and- removing timber from certain land in the White Earth Indian Reservation. Upon an order to show cause why a temporary injunction should not issue, the court, Baxter, J., granted such restraining order against the defendant. Erom that order, defendant appealed.

1Opinion of the CourtLewis, J.

The trial court issued a temporary injunction, enjoining appellant from cutting timber upon certain premises located within the White Earth Reservation, in Becker county.

According to the undisputed facts as presented to the trial court, application was made by one Tom Smith, a mixed-blood Indian, on April 24, 1905, for the lands in question as an additional allotment of eighty acres, under the act of congress approved April 28, 1904. On July 26, 1906, Smith sold and conveyed to appellant company all of the timber standing and growing on the premises, with the privilege of removing the same…

2Cases cited1 opinion

  1. Fuller v. SchutzSupreme Court of Minnesota · 1903

3Cited by3 opinions

  1. Kaehler v. KaehlerSupreme Court of Minnesota · 1945
  2. Potter v. EnglerSupreme Court of Minnesota · 1915
  3. Goodrich v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1921

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