Winona & St. Peter Railroad v. St. Paul & Sioux City Railroad
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Watonwan county against the defendant railway company •and certain persons described as mortgagees or trustees of its real property, praying that the plaintiff be adjudged the owner of each of the tracts described in the complaint— several hundred in number, and lying in five different counties — and that the defendants be adjudged to have no interest therein or lien thereop, and that the defendant railway company…
Read the full summary
The plaintiff brought this action in the district court for Watonwan county against the defendant railway company •and certain persons described as mortgagees or trustees of its real property, praying that the plaintiff be adjudged the owner of each of the tracts described in the complaint— several hundred in number, and lying in five different counties — and that the defendants be adjudged to have no interest therein or lien thereop, and that the defendant railway company transfer to the plaintiff all such lands, except such as it had sold to bona-ficle purchasers, and that it account for…
1Opinion of the CourtCornell, J.
Demurrers to complaint, and appeal from ■order overruling the same. The grounds relied upon in support of the demurrers in this court are insufficiency in the facts stated to constitute a cause of action, and an improper .joinder of two distinct causes of action which are not authorized to be united in the same complaint. In respect to the first ground, the demurrers being general, if the facts stated, ■or any of them, entitled the plaintiff to any portion of the *180relief sought, they were properly overruled. As to the lands-in controversy lying west of range 31, the defendant company, so far…
2Cases cited8 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Stark v. StarrsSupreme Court of the United States · 1868
- French v. FyanSupreme Court of the United States · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Paul & Sioux City Railroad v. Winona & St. Peter RailroadSupreme Court of the United States · 1885
- Hartman v. WarrenCourt of Appeals for the Eighth Circuit · 1896
- Eichin v. EichinAppellate Court of Illinois · 1927
- Walsh v. StateAppellate Division of the Supreme Court of the State of New York · 1928