112 N.W. 273 | Minn. | 1907
In the case of Kresin v. Mau,
The language of that act, viz.: "* * * Consisting of any quantity of land not exceeding eighty acres, and the dwelling house thereon, and its appurtenances * * *" — does not necessarily imply that the quantity of land may not consist of two or more separate descriptions, or tracts, of land, provided the same are so situated that they may be occupied and cultivated as one body of land. The words "amount of property" and "quantity of land," employed in the constitution and in the act, respectively, do not necessarily mean one parcel or compact body of land. These provisions should not be strictly construed. It may not always be possible to acquire a sufficient amount of land to meet such strict requirements. The different parcels should be so connected that they can be used as one tract. Phelps v. Northern Trust Co.,
Affirmed.
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