Wisconsin v. Torinus

26 Minn. 1 | Minn. | 1879

Cornell, J.*

In respect to the other point suggested by the defendants, in respect to the character of the plaintiff’s title to the property which it sold to the defendants, it is fully answered by the case of Schulenberg v. Harriman, 21 Wall. where it was held that the legal title, of the state to the lands from which the logs in question were taken was an absolute one, and that a stranger to the grant under which the state holds its title, cannot raise any question upon the non-performance of any of the subsequent conditions contained in such grant. The same doctrine is also explicitly held in Baker v. Gee, 1 Wall. 333.

Order affirmed.

G-ilfillan, C. J., on account of illness, did not sit in this case.