The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-06-16
SUPREME COURT
'0IDWALKER DEAL UPHELD
SUPREME COURT DECIDES HE HAD
A RIGHT TO SELL LAND UNDER
POWER OF ATTORNEY BEFORE
PATENT CAME.

Z, The supreme court decided a contro-
veFsy. today over a, quarter, section of
ianIl in ltasca county ) which brought
into the question the validity Of the
power Of attorney by which T. B. Wal
ker, secured large timber holdings in
northern Minnesota = IN an early day.
William Nicholson, the, appellant in the
case, executed a. power Of attorney to
T. B. Walker ;insaApril, 1872, authoriz-
ing. him to sell and convey all; lands he
then owned, or which he might become
owner SIN; any way Interested.
After that Nicholson made applica-
ton TO enter quarter section under
the chippewa treaty, tho he did not
present the purchase price. Two days
later Mr.. Walker, under his power of
attorney, conveyed the land to one But
Ter, whose title passed later to Chester
A. Congdon of Duluth. Nicholson got
a patent for the land later, but now
sues to recover title to it, on the ground
that when the sale was made to Butler
hex did not have any title. The supreme
court holds that his application gave
him an equitable title, which passed BY
the sale to Butler,~ and was perfected
when the patent was issued.
Election Case Dismissed.
!, The court affirms an order dismissine
a writ Of certiorari, brought by Ole O.
Narveson to get a recount of The vote
by which the village Of Mcintosh went
dry The court holds that the con.
test must in, the first place be settled
by the proper election tribunal, and not
in the, courts. - = II
Other Decisions. -.
Titles and dispositions of other cases
are as follows: -
George Welsh. respondent, VS.. A. E
Brainerd ct al. defendants, D. L.. Grim.
minis, appellant. Judgment affirmed
Lewis, J. .-...... ... H.. 4s
Wallace scarlotta, appellant. vs.
Charles r. Ash, respondent. Order af
f1rmed.-Lewis, J. r.. t.s1. -
Odell Metcalf, respondent,-vs. J. H. Col.
linson, appellant. Order reversed
Lewis, J. 2: :: s-'>
J. w. Valentine, appellant, vs. Immi
grafton Land company, respondent. Or.
red reversed.-Brown, J. fs: 4 . @%%
Jacob Anderson, respondent, VS.. Grea
Northern Railway company, appellant
Order Acknowledgment, J. @
Flossie Cater, appellant, VS.. Robert H
appellant, VS.. Robert H. Sleeves, respond.
ent. Order reversed.-StartrC. j.
Mollie K. Dougan, respondent, VS.. Nan
ME c. Bernis and John B. Bemis, appel
lants. Order reversed.-Start, c. J.
William F. Hunt, as receiver Of tn
Allemania Bank Of ST. Paul, respondent
VS.. the Hauser Mailing company, appel
liant. Order affirmed.-Lovely, j.
Edward Wester, appellant, vs.. R. R
Flygare, as executor Of the Lars o. Till
man, deceased, ct al, respondents. Or
der enthusiastically, j. r.
Charles P. Robbins, appellant, VS.. thu
| Town Of Homer, respondent Order re
| versed.-Lovely, ]. 81
State of Minnesota ex rel ST. Anthem.
Park North Trust company ,34set. al, peti
TONERS, VS.. the District Court ofTRanse.
county and sthe Hon. Hascal 3. Brill re
spondents. Judgment anirmed.-Start
| G.. J..
| Jessie, Einolf, respondent, vs. William
Thompson, appellant. Order saffirmed.-
Jaggard, J. -, s=.s IS IS.
Andrew Nelson, respondent, vs.. Ma
shek Lumber company, appellant. sJndg
ment reversed and new trial ordered.
Jaggard, ].