Hanson v. Svarverud
North Dakota Supreme Court
Appeal from District Court, Ransom county; Allen J. Action by Amelia Hanson against Martin Svarverud and others. Judgment for defendants, and plaintiff appeals. The question of tire statute of frauds cannot be raised by demurrer.
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Appeal from District Court, Ransom county; Allen J. Action by Amelia Hanson against Martin Svarverud and others. Judgment for defendants, and plaintiff appeals. The question of tire statute of frauds cannot be raised by demurrer. Broder v. Conklin, 19 Pac. 513; McDonald v. Association, 51 Cal. 210; Bigelow v.'Sanford, 57 N. W. 1037; Brison v. Brison, 17 Pac. 689 ; Whiting v. Gould, 2 Wis. 552. A breach of confidence is constructively fraudulent, and gives rise to a constructive trust. Sherman v. Sandell, 39 Pac. 797; Bartlett v. Bartlett, 19 N. W. 691; Brison v. Brison, supra; Bowler v.…
1Opinion of the CourtMorgan, C. J.
This is an action for an accounting by the defendants, and in addition to an accounting the plaintiff asks to have a certain deed adjudged to be a trust deed. The facts stated in the complaint are, in substance, as follows: That the plaintiff and the defendants are the children and sole heirs at law of Andrias P. Svarverud and Helene Svarverud who, on October 21, 1892, conveyed to Hans Svarverud and Andrew Svarverud, two of the above-named defendants, the lands which are involved in this action, by a deed absolute in form. That said conveyance, although absolute in form, was made in trust for…
2Cases cited7 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Brison v. BrisonCalifornia Supreme Court · 1891
- Ahrens v. . JonesNew York Court of Appeals · 1902
- Larmon v. KnightIllinois Supreme Court · 1892
- Hayne v. HermannCalifornia Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McDonald v. MillerNorth Dakota Supreme Court · 1944
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
- Bodding v. HermanNorth Dakota Supreme Court · 1948
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- Mitchell v. Knudtson Land Co.North Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.