Bergstrom v. Svenson
North Dakota Supreme Court
Appeal from District Court, Pierce county; A. G. Burr, J. Action by Charles Bergstrom against Kasja Svenson. Judgment for plaintiff, and defendant appeals. Iieirs of devisees of deceased entryman take as grantees of the government, not by inheritance. Bernier v. Bernier, 147 H. S. 242, 37 L. ed. 152, 13 Sup.
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Appeal from District Court, Pierce county; A. G. Burr, J. Action by Charles Bergstrom against Kasja Svenson. Judgment for plaintiff, and defendant appeals. Iieirs of devisees of deceased entryman take as grantees of the government, not by inheritance. Bernier v. Bernier, 147 H. S. 242, 37 L. ed. 152, 13 Sup. Ct Bep. 244; Gjerstadengen v. Van Duzen, 7 N. D. 612, 66 Am, St. Bep. 679, 76 N. W. 233; Gould v. Tucker, 20 S. D. 226, 105 N. W. 624; Dawson v. Mayall, 45 Minn. 408, 48 N. W. 12; Towner v. Bodegeb, 33 Wash. 153, 99 Am. St. Bep. 936, 74 Pac. 50; Wittenbrock v. Wheadon, 128 Cal. 150, 70…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of Pierce county, and comes here for trial de novo. The facts are not in dispute, and, as found by the trial court, are substantially as follows :
“(1) That one Axel Bergstrom in his lifetime made a homestead filing on government land pursuant to the laws of the United States. [Here follows a description of the land which is situated in Pierce county.]
“(2) That the said Axel Bergstrom was the brother of the plaintiff, Charles Bergstrom, and that the defendant, Kasja Svenson, is the mother of the said Axel Bergstrom.
“(3) At the time of the…
2Cases cited5 opinions
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Hutchinson Investment Co. v. CaldwellSupreme Court of the United States · 1894
- Towner v. RodegebWashington Supreme Court · 1903
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Caldwell v. MillerSupreme Court of Kansas · 1890
3Cited by4 opinions
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- Nyman v. EricksonWashington Supreme Court · 1918
- Northern Rock Island Plow Co. v. JepsonNorth Dakota Supreme Court · 1914
- Mork v. MellettMontana Supreme Court · 1922