First Nat. Bank v. Timmins
District Court, D. Alaska
This is an action to foreclose a mortgage, alleged to have been given in the form of a deed absolute by the defendants, Timmins and Roden, to one Bonnifield, and subsequently transferred to the plaintiff herein. Chas. F. Jones on September 3, 1907, optioned to John F. Timmins and Henry Roden, for the sum of $4,500, $2,000 cash, and $2,500 on or before March 3, 1908, a certain lot in the town of Fairbanks, Alaska, Fourth judicial division.
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This is an action to foreclose a mortgage, alleged to have been given in the form of a deed absolute by the defendants, Timmins and Roden, to one Bonnifield, and subsequently transferred to the plaintiff herein. Chas. F. Jones on September 3, 1907, optioned to John F. Timmins and Henry Roden, for the sum of $4,500, $2,000 cash, and $2,500 on or before March 3, 1908, a certain lot in the town of Fairbanks, Alaska, Fourth judicial division. Under the terms of the option, $2,000 in cash was paid, a deed was executed by Jones to Timmins and Roden, and placed in escrow with the First National…
1Opinion of the Court
OVERFIELD, District Judge.
The pleadings and facts raise two questions, the rulings on which will control the decree and judgment in this action.
The first contention, and one specially presented to the . court by the briefs of counsel, is whether the title to the lot in question passed to the plaintiff under and by virtue of a deed dated June 27, 1909, from one Samuel A. Bonnifield, executed by his attorney in fact, D. J. Hurley. There is no question either as to the form of the deed of conveyance or the power of attorney; the contention being that, at the time *245of the transfer by Hurley to the…
2Cases cited13 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Abernathy v. StoneTexas Supreme Court · 1891
- Reynolds v. ShaverSupreme Court of Arkansas · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dworkin v. First National Bank of FairbanksAlaska Supreme Court · 1968
- Rizo v. MacBethAlaska Supreme Court · 1965