New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-09-30
OF IMPORTANCE TO WIDOWS.
Judge Weber Renders a Decision.
in the John J. Smith case.

Judge Weber Renders a Decision
in the John J. Smith case. ~
Judge Weber last Saturday affirmed
the order of the Probate Court, setting
Oft to the widow as the homestead Of
the late John Jacob Smith, only one
half acre of the four acre lot of which
he died possessed. This decision is OF
great Importance as it will, if not ap-
pealed and reversed by the Supreme
Court, be taken as precedent in all
other four acre lots and bottom lands in
New Ulm, of which lands only one-half
acre will be exempted as q homestead
while the balance will be subject to levy
and execution. The following is full
text of Judge Webber's order in the
6atter:
The deceased at the time of his death,
was the owner in fee simple of one out
lot in the city of New Ulm according to
the original plat of said city as appears
in the office of the Register OF Deeds of
said county, and resided thereon with
his wife. and owned no other land. The
deceased, in his will, made no provision
for his widow, and, under the statute of
this stale she is entitled to succeed to
the homestead of the deceased, and the
amount of land embraced in such home
stead is the only question involved in
this appeal.
It appears from the stipulation of
facts, that the town of New Ulm was
originally plated into ordinary village
or city lots and into four acre or out
lots with streets. and alleys as indicated
on said plat. The outlots contained four
acres each except as otherwise indicated
on the plat, and the outlots have never
been subdivided. l infer from the ar
gument, though it is not expressly so
stipulated) that the land formerly
owned by the deceased was one of said
four acre outlets. 1t is also stipulated
that the population of the city of New
Ulm is, and at the time of the death of
the deceased was, about 1000.
Under Sec. of Chapter 68, Statute
1878, homestead, if within the laid-ou
Or plated portion of any incorporated
town, city or village having less than
5000 inhabitants, cannot exceed one.
half acre. The appellant contends that
the outlots embraced within the plat of
New Ulm are rot within the plated
portion of the city. He cites no author
tiles sustaining this position, and, in
my opinion. the language of the statute
will not bear such a construction. The
town was all plated at one time, and
all the lots, both large and small, we're
embraced in one plat, and to hold that
tue small lots are plated and the larger
ones are unplatted, think would be
violation of the rules of construction of
the English language unprecedented in
the history of Jurisprudence.
1t has been held that the quantity of
land exempt, in any town, city or vii
lage having over 5000 inhabitants, is to
be determined by the size of the lots &C.
cord'ng to the survey and plat upon
which the land claimed is plated, and
that one lot only is exempt although it
10 11o,, lot
city.
I think it is equally plain, that, in the
plated portion of any town, city or
village having less than 5000 inhabit.
ants, the quantity of land in the home
stead cannot exceed one-half acre,
whether it be in portion # the city
where the plated lots are large or small.
No argument is needed to prove that
the homestead law often leads to results
that are unreasonable and negotiable,
but the legislature and not the courts
must provide remedy. Order affirmed.
Fatal fight over well.-Over in Sib-
ley county last Saturday horrible
shooting and stabbing affray occurred
which showed how quarrel over moth.
sometimes ends. In the fight James
Q'Ne1l, young farmer: shot and killed
Michael Collins, seriously wounded one
of the latter's sons, stabbed another son.
and was stabbed himself. The parties
are neighbors and have farms adjoining.
For some time past there has been some
dispute about the line between their
lands, and the matter was once aired in
the courts. Itseems that Collins had
dug we'll on disputed ground and o.
Neil tried to stop him from getting wat
er from il. Between and O. clock Sat-
urday afternoon Collins and his two sons
met O'Neil at the well and o quarrel
arose.J Just how it started is not known