St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-04-04
SAINT PAUL.
RAE srATE,s HIGHEsr LAW
Laid Down by the Supreme Court
-Four Land Decisions Xester-

TIE STATES HIGHEST LAW
Laid Down by the supreme Court
-Four Land Decisions Xester-
day,
Four decisions. the first batch of the
present term, were filed by the supreme
court yesterday, as follows:
Anna MichaeliS, respondent, VS.. Fred Mich
aelis, appellant. Order reversed.
VANDERBURGH, j.
A deserted wife left in possession of
a homestead, and recognized by the
land department as having right to
contest the entry thereof by Su9se-
quent notice, will be protected in her
possession pending such contest, and
may recover damages against such
claimant for his wrongful acts i'll dis
possessing her and removing and de-
Stroying the improvements left in her
possession. And she may in such case,
recover punitive damages, if such acts
are willful and malicious, or accom-
panied with circumstance of aggrava
ton The laws of the state in relation
to conveyances of exempt homesteadS
do not apply to the REIMBURSEMENT OF
homestead entries of United States
lands. Certain exceptions to the recep--
ton of evidence and TO the charge of
the coult sustained.
Cyrus Z. Brown, respondent, VS.. Ida j. Still
man, appellant Order reversed.
VANDERBURGH. j.
A mortgaged a certain lot to B, and
then conveyed the same to G, subject
to the mortgage. without any assump-
ton clause in the deed. G thereupOn
conveyed the same to ID subject TO the
same and second mortgage, by war
ranty deed, and thereby also expressly
agreed to pay and discharge the second
mortgage, his grantee assuming the
passed to ID, charged with the incum-
brance of the mortgage made by A, as
the primary fund for Its payment, but
that c, not being personally liable to
pay the same. the covenanantS in the
deed between him and his grantee must
be construed as mutual covenants of
indemnity as respects the membranes
upon the land, and did not make d per-
sOnally liable, legally or eQuitably to B,
the first MORTGAGE, as principal debtor
or otherwise.
Heber Hartford ct al. respondents, VS.. the st.
Paul d Duluth Railroad company, appel-
ant. Order reversed. DICKINSON, j.
The right of a riparian proprietor
upon navigable waters to improve, re-
claim and occupy the submerged lands
out to the point of navigability, although
originally incident to the riparian es-
tate, may be separated theretrom and
transferred to and enjoyed by persons
having no interest in the original
riparian estate; overruling Lake Su-
perior Land company VS.. Emerson, 50
MINI. 406.
A condemnation by railroad corpora
ton of the upland AUDITING upon the
water held to embrace also the riparian
right of Improvement and occupancy OF
the submerged lands, although no
specific mention is made OF riparian
rights. The specific mention and in
GLIDING in the same petition of riparian
rights in respect to other lands belong
ing to other persons held not to affect
this construction of the petition and
proceedings in respect to the land in
question.
Andreas NJ. Miller. appellant, VS. Luther Men
denhall, respondent Order affirmed.
VANDERBURGH, ].
The state holds the title to the soil in
nayigable waters to low water mark, in
trust for the people, and chiefly for the
protection of the rights of navigation.
The riparian owner is entitled to fill in
and make improvements in the shallow
waters in front of his land to the line of
navigabiity, and such improvements in
aid OF navigation are recognized as a
public as we'll as a private benefit.
These rights pertain to the use and Oc-
cupancy of the soil below low water
mark, and are valuable property rights,
and the exercise thereof, though sub
ject'to state regulation can only be in
terfered with by the state for public
purposes.
The establishment of dock or harbor
line in pursuance of legislative author
ity'is TO be considered as giving to the
owners of the upland, the privilege of
such line. Where the owners
of .upland bordering on the. bay of Su-
perior in this state, after the establish
ment of the dock line, adopted survey
and plan of improvement for the use
and occupation to such line of the sub
merged land abreast of the upland
owned by them, in connection with the
navigation of the lake, held that they
might not only possess, occupy and inn
prove the same themselves in connec-
ton with the dry land, but might con-
cede to other parties the same rights
within the dock line. and might, by the
appropriate covenants ana SGlpuIatlOnS
in the deeds to their grantees of the up
land, and of sites used or to be used
and improved under low water mark,
oblgate each and all to respect and
recognize the validity of such grants
made in conformity with the general
plan OF improvement of the premises
within the dock line, all such grantees
thus becoming party thereto, And in
such case court of equity will not in
terpose in favor of grantee of the up
land to set aside prior deeds to grantees
OF sites in the submerged land.