Legal Opinion

Werntz v. Bolen

Supreme Court of Minnesota

Decided January 26, 1917No. Nos. 20,104—(209)PublishedCited by 4 opinions

Action in the district court for Aitkin county to decree that plaintiff-was the owner of certain land and that defendant Shepard held the title thereto in trust for him, for an accounting of the amount due the state upon certain land contracts, and in case 'specific performance could not be enforced to recover $1,280 damages. The facts are stated in the opinion.

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Action in the district court for Aitkin county to decree that plaintiff-was the owner of certain land and that defendant Shepard held the title thereto in trust for him, for an accounting of the amount due the state upon certain land contracts, and in case 'specific performance could not be enforced to recover $1,280 damages. The facts are stated in the opinion. The ease was tried before Stanton, J., who made findings and ordered judgment dismissing the action as to defendants Bolen and Shepard, and ordered judgment in favor of plaintiff and against defendant Wilson for $1,300. Plaintiff’s…

1Opinion of the Court

Taylor, C.

In 1902, a quarter section of school land, in Aitkin county, was sold by the state to T. S. Campbell, who paid 15 per cent of the purchase price and received the usual certificates entitling him, or his assigns, to a patent for the land on payment of the remainder of the purchase -price. Separate certificates were issued for each 40-acre tract. In 1910, Campbell transferred the certificates to Anna P. Apitz, by assignments indorsed thereon. In 1912, C. J. Macbeth and J. H. Macbeth made an oral agreement to purchase the certificates from Anna P. Apitz, and paid her the purchase…

2Cases cited3 opinions

  1. Wilder v. HaugheySupreme Court of Minnesota · 1874
  2. Board of Education v. HughesSupreme Court of Minnesota · 1912
  3. Townsend v. FentonSupreme Court of Minnesota · 1884

3Cited by4 opinions

  1. Johnson v. RostSupreme Court of Minnesota · 1925
  2. Hedding v. SchaubleSupreme Court of Minnesota · 1920
  3. Union Investment Co. v. AbellSupreme Court of Minnesota · 1921
  4. Nash v. KirschoffSupreme Court of Minnesota · 1926

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