The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1915-05-13
WINSCASE
Judge Roeser Files Decision In the
Case of B. L. Anderson Versus
Duncan H. McCuaix.
Case Decides Ownership of Consider
able Land Formed by Recession
of Lake Water.

able Land Formed by Recession
of Lake Water.
Judge Roeser has filed his decision
in the Office of the clerk of court of
Mile Laos county in the case of B.
L. Anderson VS.. Duncan H. Nc
Cuaig, and he found for the plain
tiff.
The action was regularly placed
upon the general March, 1915, term
of the district court for this county,
and was by agreement transferred to
be tried before Judge Roeser at St.
Cloud. The case was argued on
April 20, and the judge filed his
decision last Thursday.
The case is of interest as it. for
the time being at least, determines
who is entitled to land made by a
recession of lake water, and there
are several hundred acres of that
kind of land in the vicinity of Mile
Laos lake. Judge Roeser holds that
if a lake is boundary line of GER
tain land, the owner of said land is
entitled to any relicted lands. The
case may be carried to the supreme
court. Judge Roeser's decision fol-
lows:
State of Minnesota, county of
Mile Lacs.-s District court,
Seventh Judicial district.
B. L. Anderson, plaintiff, VS..
Duncan H. McCuaig, defendant.
Findings and Decision:
That on the 10th day of October,
1896, the United States, by patent
issued under the homestead laws of
said United States, conveyed to one
Andrew Gunderson certain lands
situated in said Mile Laos county,
by the following description: "Lots
numbered two, three and four of Sec
tion thirty, in township forty two,
north, of range twenty-six west Of the
fourth principal meridian in Mime
sofa, containing 166 acres and 6O-1OO
of an acre. according to the official
plat of the survey of said land re-
turned to the general land office of
the surveyors general. x :; y
To have and to hold the said tract
of land with the appurtenances
thereto unto the said Andrew Gun
derson and to his heirs or assigns for
ever. = That said patent was there.
after on the Goth day of February,
1897, at nine O'Clock a. ~: duly filed
in the office of the register of deeds
of said Mile Laos county and record
ed in book @ of deeds on page 231.
2. That thereafter. on the l4th
day Of November, 1902, the said An
drew Gunderson, single, conveyed
said premises above described. accord
ing to the government survey thereof,
together with, all the hereditaments
and appurtenances thereunto belong
ing or in anywise appertaining, to
the plaintiff herein by warranty deed,
dated on said day, and thereafter, on
the same day, at eleven O'Clock a. M. =,
filed in the Office of the register of
deeds aforesaid and recorded in book
OF deeds on page 1853.
3. That said lands were duly sur
veyed by the United States govern
ment in 1870. and the plat of such
survey fled with the surveyor gen.
eral on March 81, 1871, and with the
registrar of the land office on A pril
10, 1871. That said government plat
shows the said lots to have the fol-
lowing area: Lot 2, 7l.5S; lot 3,
41.77 acres; and lot 4, 1926 acres.
Said plat also shows that Lake Ona-
mia forms the south boundary of
said lots and 3 and the south and
east boundary of said lot 4. There
is no evidence of any gross error or
fraud on the part Of the surveyors in
making this survey and plat.
4. That the land of these lots ad-
joining the lake is low, fat land and
has the appearance Of having been at
one time a part Of the lake; there is
no we'll defined beach or sand bank
to mark the shore Of the lake along
these lots; the vegetation of the
land near the water is principally
coarse grass and cat tails and the
same extends into the water making
it difficult to find and distinguish
the water line.
5. Ever since the year 1882. and
until the year 1911. there was some
kind of temporary dam at the OUT
let of this lake, placed there for the.
purpose of raising the water during