Denoyer v. Ryan

• Decision Date: 01 January 1885
• Citation: 24 F. 77
• Parties: DENOYER v. RYAN.
• Court: U.S. District Court — District of Minnesota

24 F. 77

DENOYER v. RYAN.

United States Circuit Court, D. Minnesota.

June Term, 1885

S. L Pierce, for complainant.

R. B Galusha and Young & Lightner, for defendant.

NELSON J.

This action is brought under the statute of Minnesota, (Rev. St c. 75, Sec. 2,) by a citizen of the state of Nebraska against a citizen of the state of Minnesota, to settle an adverse claim to certain real estate in the county of Ramsey, in this district, described in the bill of complaint as follows:

'Lot numbered one (1) of section numbered five, (5,) in township numbered twenty-eight, (28,) of range numbered twenty-three, (23,) containing fifty-two and fifty-six one-hundredths acres (52 56-100) of land, also the west half (W. 1/2) of the south-east quarter (S.E. 1/4) of section numbered thirty-two, (32,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing eighty acres; also the north-east quarter (N.E. 1/4) of the south-west quarter (S.W. 1/4) of section numbered thirty-two, (32,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing forty acres; also lot numbered one, (1,) in section numbered thirty-two, (32,) township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing twenty-nine and seventy hundredths acres, (29 70-100;) also lot numbered two, (2,) in section thirty-two, (32,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing thirty-one and 20-100th acres, (31 20-100;) also, the south-west quarter (S.W. 1/4) of the north-west quarter (N.W. 1/4) of section numbered thirty-two, (32,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing forty (40) acres; also the west half (W. 1/2) of the south-east quarter (S.E. 1/4) of the north-west quarter (N.W. 1/4) of section numbered thirty-two, (32,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing twenty acres; also the north half (N. 1/2) of the south-west quarter (S.W. 1/4) of section numbered one, (1,) in township numbered twenty-nine, (29,) of range numbered twenty-three, (23,) containing eighty acres; all of said real estate situate in Ramsey county and state of Minnesota; also the west sixty (60) feet of lot four, (4,) and the south third (1/3) of lot numbered three, (3,) in block numbered six, (6,) of Rondo's addition to the city of St. Paul, in said county of Ramsey; also a strip of land north of Pearl street, west of Joel Whitney's addition to the city of St. Paul, continued northerly to a point to intersect at Jackson street, and east of said Jackson street, in the city of St. Paul, in said county of Ramsey; also lots numbered twelve, (12,) thirteen, (13,) fourteen, (14,) and fifteen, (15,) Prince & Denoyer's rearrangement in the city of St. Paul, in said county of Ramsey. All of which said real estate is of the value of seventy-five thousand dollars.'

The complainant claims to be the owner in fee, and sole heir at law of Stephen Denoyer, who died intestate, December 3, 1877, possessed of the real estate in controversy, which was distributed by the probate court of the county among his brothers and sisters and nephews and nieces and widow surviving him. The defendant obtained the title vested under the decree of distribution by the purchase of part of the property from the heirs to whom it was distributed, and a part from their grantees. The claimant seeks to quiet and settle his claim to the parts assigned to the brothers and sisters and nephews and nieces of the intestate by virtue of the statute, as sole heir, alleging that he is the legitimate son of the intestate, Stephen Denoyer, and that the land is vacant and unoccupied. The defendant admits that the land is vacant, but denies that the complainant is the legitimate son and sole heir at law, and sets up the decree of distribution as a bar to this suit. A replication is filed; and voluminous testimony is taken in the United States and in Canada. The questions of fact and law are very thoroughly presented. I will first consider the facts at issue.

The complainant's testimony is chiefly hearsay, and consists of the declarations and admissions of the intestate, Stephen Denoyer, that the claimant is his son, and also the declarations of aged members of Stephen Denoyer's family, who were incapable of being examined on account of the infirmity of age. It also includes the testimony of other members of the family, of facts and circumstances tending to sustain his claim. The claimant is examined in his own behalf, and gives a long narrative of himself, and his discovery that he was the intestate's son, and the account given him of his birth by Stephen Denoyer. The relation of Stephen Denoyer to the witnesses whose declarations are testified to, and other facts connected with his history are conceded. Etienne or Stephen Denoyer was born in St. Phillippe, in the district of Montreal, Canada, April 21, 1805. He was the son of Etienne, of the same place, who had two brothers, Antoine and Andre. Stephen Denoyer, during his boyhood, moved to St. John, 12 miles distant from St. Phillippe, where his uncle Andre lived, and about 1827 left his home, and for 23 years his mother and sisters and family did not hear from him, and supposed he was dead. There is no direct and positive evidence of his whereabouts until 1839, when he was living in the state of Illinois, at Prairie du Rocher; and in 1841 was there married, and removed, in 1842, to Dubuque, Iowa, where his wife gave birth to a child, and mother and child both died. During the same year he removed to and settled in Wisconsin,-- now Minnesota,-- and from that time until his death kept the Half-way House between St. Paul and the present city of Minneapolis. He was married in St. Paul in 1845, and again in 1873. Evidence of these marriages are introduced, the ceremonies being performed by a priest of the Roman Catholic Church.

The complainant claims that previous to Stephen Denoyer leaving Canada, or about that time, he married a woman, whose name and family are unknown, and that he is the legitimate offspring of this marriage, being born in Troy, New York; that his mother died in giving him birth, and he was taken to Antoine Denoyer, Stephen's uncle, to be raised, who paid the former $200 a year until he was 14 years old.

Briefly then, his evidence can be summarized: The complainant testifies 'that he was brought up in the family of Antoine Denoyer, of St. Phillippe, Canada, and first discovered that his father was Stephen Denoyer, of Canada, and first discovered that his father was Stephen Denoyer, of Minnesota, in 1853 or 1854, when he was 16 or 17 years of age. He was recognized in the family and treated as a son of Antoine until that time, when, in a conversation with Antoine, he discovered that he was not his father. The discovery was made when the plaintiff had incurred the displeasure of Antoine, and was punished by him; and on the assertion by a neighbor that he was not Antoine's son, he made inquiry, and was informed that he was the son of Stephen Denoyer, of St. Paul. The complainant left his home, and started to visit Stephen in Minnesota, where he arrived in June or July, 1856, and entered his saloon unknown, and introduced himself, and became a member of the family. In the saloon one night he...