Legal Opinion

Prondzinski v. Garbutt

North Dakota Supreme Court

Decided June 19, 1901PublishedCited by 12 opinions

Appeal from District Court, Walsh County-; Fisk, J. Action by Michael Prondzinski against James Garbutt. Judgment for plaintiff, and defendant appeals. The judgment in the first case is a bar to the present action. If plaintiff was entitled to recover in equity damages for alleged fraud of defendant in taking a sheriff’s deed, he could and should have recovered such damages in that suit.

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Appeal from District Court, Walsh County-; Fisk, J. Action by Michael Prondzinski against James Garbutt. Judgment for plaintiff, and defendant appeals. The judgment in the first case is a bar to the present action. If plaintiff was entitled to recover in equity damages for alleged fraud of defendant in taking a sheriff’s deed, he could and should have recovered such damages in that suit. Chapman v. Mad River Co., 6 O. St. 119; Holland v. Anderson, 38 Mo. 55; Hamilton v. Hamilton, 59 Mo. 232; Pinnock v. Clough, 16 Vt. 500, 42. Am. Dec. 521; Aday v. Echols, 52 Am. Dec. 225; Robinson v. Braiden,…

1Opinion of the Court

• Young, J.

This is an action in equity, wherein the plaintiff seeks to recover from the defendant, as an involuntary trustee, the value of certain real estate, the title of which, he alleges, the latter fraudulently obtained from him, and thereafter conveyed to another. The trial was to the court without a jury, and resulted in a judgment in plaintiff's favor in the sum of $2,096.06. Defendant has appealed from the judgment. In addition to certain questions of law, to which reference will be hereafter made, appellant presents for review certain questions of fact, and, for the purpose of…

2Cases cited15 opinions

  1. Durant v. Essex Co.Supreme Court of the United States · 1869
  2. Boothe v. FiestTexas Supreme Court · 1891
  3. Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
  4. Lang's Heirs v. WaringSupreme Court of Alabama · 1854
  5. Nevitt v. BaconMississippi Supreme Court · 1856

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re the Estate of IsenbergHawaii Supreme Court · 1925
  2. Mahon v. LeechNorth Dakota Supreme Court · 1902
  3. Udgaard v. SchindlerNorth Dakota Supreme Court · 1948
  4. Robertson v. United StatesDistrict Court, N.D. Alabama · 1968
  5. Lewis v. BlountCourt of Appeals of Texas · 1911

7 more not listed; retrieve them via the Exa API.

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