Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1909-06-25
HOMfSIfADfR WINNER.

uuUtvulObluUl VutVlVIn
Morrison County Land Case
Lost by the Northern
Pacific
Judge Taylor today rendered deci-
sion in the case Of Joseph A. Houston
against the Northern Pacific Railway
company. which was submitted at the
spring term of court in Morrison conn.
ty, says Monday g st. Cloud Journal
Press.
This case involves the title to 100
acres of land situate in the township
of Cushing, Morrison county. The
land is claimed by the plaintiff.
Joseph A. Houston, under the home
stead law, by the defendant railway
company under the indemnity provi-
sions In Its land grant, and has been
in active controversy between the par
ties for nine years.
The claim to this land was first con-
tested in the local land Office al St.
Cloud, later and IN due course "a was
argued before the commissioner of the
general land Office at Washington. And
thereafter on appeal it was argued ha-
fore the secretary of the interior.
The local land Office at st. Cloud re-
Jected the homestead claim of Mr.
Houston, upon the ground and for the
reason that the land in question was
within the indemnity limits Of the
=, land grant in aid of the constrnct,on
Of the railroad, and had been selected
and claimed by the railway company
! as lieu land.
Mr.. Houston appealed to the com
missioner OF the general land Office
from this decision of the register and
receiver at st. Cloud, but the commits
sioner upheld and affirmed the action
of the local officers, and on further an
peal to the interior department. and
secretary also upheld and affirmed the
decision of the local officers and an
proved the land to the railway comma
ny, under the indemnity provisions of
their grant and, accordingly, patent
was issued to the railway company for
the land.
! After the company received the pat
ent and had the same recorded in
Morrison county, Mr.. Houston was
promptly notified that the companv
held the land for sale. that he having
made and placed some improvements
thereon would be given preference tn
buy it, and that, if he did not then
and there agree to purchase IT from
the company at their price and OF,
their terms, they would take immei1i-
ate steps to oust and eject him from
the place and sell 1T to other 'narties
Being much discouraged and cast
down by the dlsappolntments already
suffered IN this homestead controversy.
Mr.. Houston. after some delay, agreed
70 purchase and Gid PnzchaAe the land
from the company, paid the purchase
price IN full and received the comna-
ny 's>deed containing mineral reserya-
t1ons, which IS now OF record in Nor
rison county. Subsequently Houston
feeling that he had been uniustlv AND
craftlly dealt with and being further
advised in the premises, broupht
suit IN equity against the railway
company in the district court of NOR.
rison county, asking that the whole
question at issue between himself and
the railway company be reviewed from
the beginning and adjudicated IN ac-
cordance with the law and the facts of
the case, that his claim and right to
the land in question under the home
stead law be declared prior and s,1-
perlor to that of the railway COMPANY
under the indemnity provisions IF
their land grant, that he have indo-
ment against the company for the re-
covery of the purchase price Maid for
the deed as above stated together with
interest thereon from the date of
payment and for quietine title tn sa,d
land and declaring the same tn he "a
Joseph A Houston in fee simnle All.
solute and without reservation IF
mineral or other rights in the co1npa-
ny.
This Judgment rendered bv judge
Taylor reverses the action of the com
missioner OF the general land Office.
overrules the decision of the secretary
of the interior, nullfes the title and re-.
jects the claim of the railway com
pany, orders the purchase money Maid
to the company for its deed returned
to Mr.. Houston with interest from
date of payment and qulets the title Ia
Houston as requested without mineral
or other reservation and Is thus sae1
to be conclusive evidence that courts
of common law still uphold the rights
of the common people.
The case being long and compli-
Gated necessarily took much time for
it's preparation by the attorneys and
for its consideration and decision by
/ the court.
The case was managed for the rail-
way company by their general sol1cl-
tor, Charles w. Bum, and for the
homestead claimant by p. B. Cor
man.
MAKES HIM PAY BOARD BILL.
Landlord Schwaller of the American
House caught another man who left
the MOTEL before paying his board-bill
Wednesday morning at the local depot
and made him decide. with little loss
! Of time to pay it. The first .boarder
who attempted to jump his board bill
since Mr.. Schwalier took charge of the
hotel, it will be remembered, was
caught and gwen thirty days jail
sentence. This ought to serve as
4 L. 4 a..r ~ =