In July, 1924, one Grimes, cashier of the defendant bank, went to Bismarck, interviewed the land commissioner, learned that the records of the board showed that the purchase contract of Wittmayer had been cancelled, that the land was to be rented and the minimum price for which it could be rented. He mortgaged the land in question to secure his indebtedness. Wittmayer was indebted to the defendant, the Security State Bank of Upham, in a considerable amount. In the Spring of 1924 either John or his boys seeded the rest of the cultivated land to wheat and oats. In the Fall of 1923, before the Hanson lease expired, on January 1st, 1924, John Wittmayer seeded part of the land to rye. Hanson agreed to secure a lease for the year of 1924 for John Wittmayer, but did not do so. In 1923, John Wittmayer again cropped the land under a lease from * On January 19th, 1923, the board of university and school lands adopted a resolution declaring John Wittmayer's contract for the purchase of said land void and directed notice thereof to be given to Wittmayer, who admits that he had notice thereof. John Wittmayer cultivated the land up until 1922 under his right as such purchaser. He received the usual certificate from the state and made the first payment on the principal as required by law and paid the interest and taxes until 1912, when he ceased to pay either.
In 1905, John Wittmayer, the father of Otto and Marvin Wittmayer purchased school land of the state, described as follows: E 1/2 of section 36, township 160, range 78, in Bottineau county, North Dakota. 436.Ī statement of the facts sufficient to an understanding of this case is as follows:
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