Ainsworth v. Harding
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to declare a title conveying real property to be held in trust.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. An action to declare a title conveying real property to be held in trust. The respondent took the title in trust for the appellants, and while acting as attorney for them was forbidden, without their knowledge or consent, from acquiring any interest adverse to his clients in any property obtained by him in settlement of the shares of his clients claimed in the estate of their father. (Secs. 960, 1044, 1053, Pomeroy’s Eq. Jur.; Harper v. Perry, 28 Iowa, 60; Shropshire v. Ryan, 111 Iowa,…
1Opinion of the CourtStewart, C. J.
This is a suit in equity instituted by the appellants, Elnora E. Ainsworth, Ida Mulheron and *649Anna M. Adams, against the respondent, P. W. Harding, for the purpose of decreeing' the title held by the respondent under a deed to be in trust for the use and benefit of appellants to certain real property located in Bingham county in the state of Idaho.
The cause was tried in the district court and findings were made and a decree entered in favor of respondent. This appeal is from the judgment.
In the complaint filed in the district court by the appellants the cause of action is alleged as follows:…
2Cases cited21 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Shirk v. NeibleIndiana Supreme Court · 1901
- Kisling v. ShawCalifornia Supreme Court · 1867
- Keenan v. ScottWest Virginia Supreme Court · 1908
- Darlington's EstateSupreme Court of Pennsylvania · 1892
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3Cited by7 opinions
- Reid v. KeatorIdaho Supreme Court · 1934
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- State Ex Rel. Moore v. ScroggieIdaho Court of Appeals · 1985
- Benting v. SpanbauerIdaho Supreme Court · 1937
- Berry v. McFarlandIdaho Supreme Court · 2012
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