Legal Opinion

Kinyon v. Christianson

Supreme Court of Minnesota

Decided January 24, 1913No. Nos. 17,778—(143)Published

Action of ejectment in the district court for Chippewa county in which William E. Kinyon, George E. Kinyon and Thomas H. Kelly, as trustees under the last will of William H. Kelly, deceased, were substituted as plaintiffs. The facts are stated in the opinion.

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Action of ejectment in the district court for Chippewa county in which William E. Kinyon, George E. Kinyon and Thomas H. Kelly, as trustees under the last will of William H. Kelly, deceased, were substituted as plaintiffs. The facts are stated in the opinion. The answer, among other matters, alleged that during the year 1888 defendant settled upon the land with intent to make entry thereon and to claim it as homestead under the United States homestead laws, being advised that whatever claim to said land had existed in favor of the Hastings & Dakota Railway Company was or would be entirely…

1Opinion of the CourtBrown, C. J.

The land in controversy in this action was located within the indemnity limits of the land grant to the Hastings & Dakota Railway Company, as granted and fixed by the act of Congress of July 4, 1866, and was in 1883 selected by that company, with other lands-in the same limits, to supply lands lost within the place limits of the grant. This selection was held by the Interior Department of the *337general government not in compliance with the regulations controlling such selections, and it was rejected on October 23, 1891. Prior to that date, all land within the indemnity limits'of this grant had…

2Cases cited6 opinions

  1. Weyerhaeuser v. HoytSupreme Court of the United States · 1911
  2. Osborn v. FroysethSupreme Court of the United States · 1910
  3. Northern Pacific Railway Co. v. WassSupreme Court of the United States · 1911
  4. Morris v. SvorSupreme Court of Minnesota · 1912
  5. Osborn v. FroysethSupreme Court of Minnesota · 1908

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