Legal Opinion

Foss v. Dullam

Supreme Court of Minnesota

Decided June 10, 1910No. Nos. 16,529—(132)PublishedCited by 6 opinions

Action in the district court for Stearns county against G. F. Dullam and all other persons unknown claiming title therein to determine adverse claims to a certain quarter section of land. Defendant Dullam alone appeared in the action and alleged that a certain mortgage for $2,500 executed by W. H. Dullam, the owner, to Fuella I. Sovereign and assigned by her to defendant was a valid subsisting lien upon the premises.

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Action in the district court for Stearns county against G. F. Dullam and all other persons unknown claiming title therein to determine adverse claims to a certain quarter section of land. Defendant Dullam alone appeared in the action and alleged that a certain mortgage for $2,500 executed by W. H. Dullam, the owner, to Fuella I. Sovereign and assigned by her to defendant was a valid subsisting lien upon the premises. The reply set up the negotiations leading to and resulting in a purchase of the land described and other lands by one Ellingboe, acting for plaintiff, in entire good faith, and…

1Opinion of the CourtLewis, J.

In 1904 William H. Dullam, father of appellant, was the owner of seven hundred seventy-five acres of land in Stearns county, and a mortgage of $2,500 upon one hundred sixty acres involved in this action had been executed by him and his wife to Mrs. Sovereign, bearing date February 25, 1904. During the same year they also executed a mortgage of $3,500 to Frank E. Brown upon three hundred twenty acres of the land. In 1906 Mr. Dullam sold the entire seven hundred seventy-five' acres to Kathleen A. Lloyd, and conveyed the same free from all incumbrances by a warranty deed in which was *222the…

2Cases cited2 opinions

  1. Huitink v. ThompsonSupreme Court of Minnesota · 1905
  2. Olson v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1896

3Cited by6 opinions

  1. Watson v. GoldsteinSupreme Court of Minnesota · 1928
  2. Watts v. LundeenSupreme Court of Minnesota · 1925
  3. Millick v. O'MalleyIdaho Supreme Court · 1928
  4. Potter v. VernonSupreme Court of Oklahoma · 1928
  5. Federal Land Bank v. SmaagaardSupreme Court of Minnesota · 1934

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