29 Minn. 283 | Minn. | 1882
This is an action in the nature of ejectment, m which the plaintiff seeks possession of 120 acres of land in Lyon.county. Defendant’s claim of title rests upon a pre-emption entry; plaintiff’s, upon a federal grant made by an act of congress approved March Sr 1865, (13 TJ. S. St. at Large, 526,) to aid in the construction of a railroad (among others) from Winona to the Big Sioux river, as the same is supplemented by an act of July 13, 1866, (14 U. S. St. at Large, 97.)
To establish its title, plaintiff introduced in evidence (1) a copy, certified by the state auditor, of a certificate from the interior department of the general government, dated March 13, 1874, certifying to^ the state, a list of lands (embracing the tract in controversy) as being “within the ten-mile limits granted to the state of Minnesota by the act of congress approved the 3d of March, 1865, to aid in the construction of the Winona & St. Peter railroad;” (2) a deed executed by the governor of this state, dated May 30, 1874, conveying the land in contest to plaintiff, and containing full recitals.showing plaintiff’s performance of all things requisite to authorize the execution of the same; (3) a copy,. certified by the register of deeds of Lyon county, of a list of lands certified by the state auditor, and filed in said register’s office, pursuant to Gen. St. 1878, c. 40, §§ 39-42, inclusive. This list is certified by the state auditor as being a list of lands certified to the state by the interior department, and by the state conveyed to the plaintiff. Plaintiff also called attention to acts of congress and of the legislatures of the territory and state of Minnesota, relating to itself and its land-grants.
By Gen. St. 1878, c. 40, § 41, the list filed with the register of. deeds, being that thirdly above mentioned, is made “•prima facie evidence of the title” of the plaintiff to the lands therein described. The certification of the interior department, as evidenced by the certified copy firstly above mentioned, shows how the state acquired its title, to wit, under the congressional grant of March 3, 1865, and that the land is within the ten-mile limits of the grant, and therefore what is well known as land in place. The governor’s deed, containing recitals such as are proper to show his authority to convey and to make his deed intelligible, (see Goenen v. Schroeder, 18 Minn. 66;
Defendant’s title rests upon a pre-emption settlement and entry. This settlement was made in May, 1868; his entry on June 1,1872. The certificates which he introduced showing these facts are by Gen. St. 1878, c. 73, §§ 91, 92, made prima facie evidence of his title in fee. As a matter of course they are prima facie evidence of his title under his pre-emption settlement and entry. They are,'therefore, evidence that his pre-emption right commenced in May; 1868, and was consummated in June, 1872.
The prima-facie title which the plaintiff has established is a title which accrued to the state as of March 3, 1865, and to which the
It follows that upon the evidence the plaintiff was entitled to a finding in its favor, and to judgment accordingly. The fact that the plaintiff, upon the denial of its motion for a judgment, was compelled, or deemed itself compelled, to introduce further evidence, which, even if it was insufficient to establish its title, in no way tended •to .show that it had not acquired title, does not affect the result to which we have arrived. As, upon our construction of the effect of the evidence introduced by plaintiff, it is possible that defendant may ■desire to take steps which he deemed to be unnecessary, upon the theory of the trial court, we award a new trial, though, upon the findings as they now stand, we see no reason why the plaintiff would not be entitled to judgment for the possession of the land in controversy.
Order reversed, and new trial awarded.