Forester v. Auken
North Dakota Supreme Court
Appeal from District Court, Barnes County; N L. Glaspell, J. Action by -Jennie A. Forester against Belle R. Van Auken. Judgment for defendant, and plaintiff appeals. A deed absolute on its face but intended as a trust deed, may be-reformed to express the relation and intention of the parties.
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Appeal from District Court, Barnes County; N L. Glaspell, J. Action by -Jennie A. Forester against Belle R. Van Auken. Judgment for defendant, and plaintiff appeals. A deed absolute on its face but intended as a trust deed, may be-reformed to express the relation and intention of the parties. Rev. Codes 1899, section 4703. Pugh v. Davis, 96 U. S. 333, 24 L. Ed. 775; Farmer v. Grose, 42 Cal. 169; Hickman v. Cantrell, 9 Yerg. 171; Teal v. Walker, 111 U. S. 242, 28 L. Ed. 415; Rodgers v.. Sanders, 16 Me. 92; Patterson v. Blumer, 35 Conn. 57; Walden v. Skinner, 101 U. S. 577, 25 L. Ed. 963;…
1Opinion of the CourtMorgan, J.
This action is brought to recover the possession of certain real estate situated in Valley City, N. D., and to reform the terms of a deed of such property executed and delivered to the defendant by the plaintiff on August 21, 1893. The complaint alleges that it was mutually agreed between the parties that plaintiff should execute to defendant a trust deed of said real estate; that the ownership of the same should be vested in the plaintiff, but that the defendant was to have full possession and control thereof, lease it, collect rents, pay taxes, and keep buildings insured and in good repair;…
2Cases cited7 opinions
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Nevius v. . DunlapNew York Court of Appeals · 1865
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Ludington v. FordMichigan Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ell v. EllNorth Dakota Supreme Court · 1980
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Ives v. HansonNorth Dakota Supreme Court · 1954
- Davis v. Keeche Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Oliver-Mercer Electric Cooperative, Inc. v. FisherNorth Dakota Supreme Court · 1966
10 more not listed; retrieve them via the Exa API.