Secombe v. Railroad Co.
Supreme Court of the United States
Error to the Circuit Court for the District of Minnesota; ' in which court Secombe brought ejectment against the Milwaukee and St. Paul Railway Company, to recover a lot in Minneapolis used by the company for a station. The cause was heard by the court without the intervention of a jury. It was admitted that Hiram Osborne and Ovid Pinney, under whom Secombe, by deeds of quitclaim made in 1870, claimed, had once been owners of the lot.
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Error to the Circuit Court for the District of Minnesota; ' in which court Secombe brought ejectment against the Milwaukee and St. Paul Railway Company, to recover a lot in Minneapolis used by the company for a station. The cause was heard by the court without the intervention of a jury. It was admitted that Hiram Osborne and Ovid Pinney, under whom Secombe, by deeds of quitclaim made in 1870, claimed, had once been owners of the lot. But the railway company was now in possession of it, claiming under an act of condemnation made in 1867 — three years before the deeds of quitclaim — in favor…
1Opinion of the CourtJustice Davis
The case was tried by the court without the intervention of a jury, and the only material point for inquiry is, whether on the whole case the decision of the court below, which was adverse to the plaintiff, was correct.
Whether the Minnesota Central Railroad Company, under whom the defendant claims — and which occupied for railroad purposes the land in question long before the deeds of quitclaim under which the plaintiff sets up title were made— whether this company had the right to condemn the land and took the proper steps to condemn it, depends of necessity on the laws of the State; and if…
2Cited by66 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
- Searl v. School Dist. No. 2 in Lake Cty.Supreme Court of the United States · 1890
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
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