Olmstead v. Johnson

This is an action in ejectment. The case was submitted to the trial court upon the pleadings filed. By agreement of counsel, the question of whether or not an issue of fact is presented by the pleadings or whether all of the matters of defense as raised by defendant are barred by reason of prior adjudication was presented to the court upon plaintiffs ’ motion. Judgment was for plaintiffs; defendant appeals.

The declaration alleges that on September 7,1923, defendant and his wife and August R. Johnson, a widower, gave a mortgage to the Federal Land Bank of St. Paul, Minnesota, upon the lands in…