Legal Opinion

Bigelow v. Livingston

Supreme Court of Minnesota

Decided May 27, 1881PublishedCited by 6 opinions

Plaintiffs and defendant entered into an agreement, whereby plaintiffs agreed to sell and convey certain premises in the city of St. Paul to defendant, for a sum agreed upon. This action was commenced in the district court for Eamsey county, to enforce the specific performance of this contract.

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Plaintiffs and defendant entered into an agreement, whereby plaintiffs agreed to sell and convey certain premises in the city of St. Paul to defendant, for a sum agreed upon. This action was commenced in the district court for Eamsey county, to enforce the specific performance of this contract. The answer admits the making of the contract, with the condition that plaintiffs should furnish a correct and complete abstract of title to the premises in question, showing a. good and perfect title, free from all encumbrances, to said premises, in the plaintiffs, and sets out that the abstract…

1Opinion of the CourtBerry, J.

The here important parts of the power of attorney called in question in this case are these: “I, James O. Gill, * * * appoint Robert Whitacre * * * my * * * attorney, for me and in my name to sell, grant and convey, in fee-simple, * * * all and any lands which I may own in * * * St. Paul, * * * Minnesota; * * * and I particularly authorize * * * .my said attorney to release and discharge forever all mortgages upon all and any real estate which I may have and hold in said city of St. Paul, * * * empowering said attorney fully to appear in the office where any such mortgage which I have or hold…

2Cases cited1 opinion

  1. Williams v. FrostSupreme Court of Minnesota · 1880

3Cited by6 opinions

  1. Terrell v. MartinTexas Supreme Court · 1885
  2. Childs v. HurdWest Virginia Supreme Court · 1889
  3. Weare v. WilliamsSupreme Court of Iowa · 1892
  4. Menage v. JonesSupreme Court of Minnesota · 1889
  5. Benschoter v. LalkNebraska Supreme Court · 1888

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