46 Minn. 390 | Minn. | 1891
The principal questions involved in this appeal were, upon full consideration, determined when the case was here before. 41 Minn. 352, (43 N. W. Rep. 81.) We do.not deem it necessary to reconsider them. The material facts, and the acts of congress under which the parties assert their claims, are set forth in the opinion as reported. The record now before us presents subtantially the’ same case as before. The defendant, however, relies upon a single additional finding of fact, which it is claimed shows that the preemption claim of Brott, under whom defendant derives title, was a nullity, and that, therefore, the land in question passed to the railway company, under which plaintiff claims title, by virtue of its land grant. Brott was a mail contractor in 1855, having a contract to carry the United States mail from Minneapolis to St. Cloud, in the territory of Minnesota west of the Mississippi river, and as such settled upon and improved the section containing the lot in controversy some time during that year. It is now found by the trial court as a fact that Brott established his mail station on said section in 1855, and maintained the same during the term of his contract, but that he “was not a contractor engaged in carrying the mails through any of the territories west of the Mississippi river, except from Minneapolis to St. Cloud, in the territory of Minnesota; nor did the route on which he carried the mail form part of a system or any part o.f a route extending across any territory west of the Mississipi river, but the same terminated at St. Cloud aforesaid.” Under this finding, it is insisted that Brott’s' entry was unauthorized by the act of March 3, 1855, and that he could acquire no pre-emption right, as mail contractor, to the land in controversy. His settlement and application were, however, prior in time to the claim of the railroad company under its grant, and were. recognized by the land department of the government, which assumed jurisdiction of the case, and,
Judgment affirmed.
Collins, J., took no part in this case.