Legal Opinion

Allis v. Foley

Supreme Court of Minnesota

Decided June 5, 1914No. Nos. 18,633—(113)PublishedCited by 7 opinions

Action in tbe district court for Aitkin county to recover $15,000. The facts are stated in the opinion. The case was tried before McClenahan, J., who granted defendant’s motion to dismiss the action as to all of the plaintiffs except J. C. Knapp. From the order denying their motion for a new trial, plaintiffs appealed.

1Opinion of the Court

Taylor, C.

This is an action to recover damages for breach of a covenant of warranty contained in a deed executed by defendants to Howard Babcock, on March 17, 1909, for certain real estate situate in the *16village of Aitkin. It will sufficiently indicate tlie basis of tbe claims of the various parties to say that, on March 31, 1909, Babcock executed a warranty deed for the property to Jess E. Hinck; that, on the same date, March 31, 1909, Hinck executed a first mortgage thereon, containing full covenants, to the First Savings & Trust Co. of Sisseton, South Dakota, to secure the payment of…

2Cases cited10 opinions

  1. American Building & Loan Ass'n v. WaleenSupreme Court of Minnesota · 1892
  2. Hokanson v. GundersonSupreme Court of Minnesota · 1893
  3. Booth v. StarrSupreme Court of Connecticut · 1814
  4. Brady v. SpurckIllinois Supreme Court · 1861
  5. Claycomb v. MungerIllinois Supreme Court · 1869

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3Cited by7 opinions

  1. Seaver v. New Buffalo Auto Sales (In re Hecker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  2. Anderson v. LarsonSupreme Court of Minnesota · 1929
  3. Knapp v. FoleySupreme Court of Minnesota · 1918
  4. Kellogg v. Illinois Central RailroadSupreme Court of Iowa · 1927
  5. Orr v. SuttonSupreme Court of Minnesota · 1914

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