Ostheimer v. Single
New Jersey Court of Chancery
On bill for clower. Herman Ostheimer (the husband of complainant), George Walker and defendant Gustav Single were intimate friends; Ostheimer and Single were connected by marriage and Walker was a member of the family of Single. They determined to purchase a tract of land "'in partnership,” each to own an undivided one-third interest.
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On bill for clower. Herman Ostheimer (the husband of complainant), George Walker and defendant Gustav Single were intimate friends; Ostheimer and Single were connected by marriage and Walker was a member of the family of Single. They determined to purchase a tract of land "'in partnership,” each to own an undivided one-third interest. Neither having ready money Ostheimer borrowed the necessary money by executing a mortgage on other property then owned by him, and with his money (except as to $10 prior to that time paid by Walker to bind the bargain) paid for the land and took title in his own…
1Opinion of the Court
Beaming, Y. C.
It is urged on behalf of defendant Single that the title of Herman Ostheimer was a trust title as to the one-third share now held by defendant, and that in consequence no dower right in that share' has been acquired by complainant. I am entirely satisfied that it was the original intention of the three parties named (Herman Ostheimer, George Walker and defendant) that the land should be regarded as owned by them as tenants in common. Had they taken the precaution to properly reduce their trust agreement to writing no difficulty would now be encountered in giving effect to the…
2Cases cited1 opinion
- Bailey v. HemenwayMassachusetts Supreme Judicial Court · 1888
3Cited by3 opinions
- Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
- Samson v. WentworthNew Jersey Court of Chancery · 1931
- Wegmann v. BaconNew Jersey Court of Chancery · 1924