Sherwood v. O'Brien
Supreme Court of Minnesota
Appeal by defendants, John O’Brien add Ann K. O’Brien Ms wife, from an order of the District Court of Big Stone County, C. L. Brown, J., made December 18, 1893, overruling their demurrer to the complaint.
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Appeal by defendants, John O’Brien add Ann K. O’Brien Ms wife, from an order of the District Court of Big Stone County, C. L. Brown, J., made December 18, 1893, overruling their demurrer to the complaint. On January 26, 1886, the title to the southwest quarter of section eleven (11), T. 123, R. 45, in Big Stone County was in the United States, but the St. Paul, Minneapolis and Manitoba Railway Company claimed it to be within the Congressional grant to it of indemnity lands in aid of the construction of its railroad. On that day in consideration of $104.32 paid and $576 to be thereafter paid,…
1Opinion of the CourtCanty, J.
This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action.
The complaint alleges that on January 26, 1886, one John Ireland, ■"who was then and there authorized,” in consideration of the sum of $104.32, then paid to him by defendant John O’Brien, entered into the contract with O’Brien, which is set out, and which recites that Ireland then received from O’Brien $104.32, to be applied as a part payment of the purchase price of the quarter section of land here in question; "the above sum being…
2Cases cited1 opinion
- Schlieman v. BowlinSupreme Court of Minnesota · 1886
3Cited by2 opinions
- Dworsky v. Unger Furniture Co.Supreme Court of Minnesota · 1942
- D. H. Evans Co. v. NicholsSupreme Court of Minnesota · 1931