Roggenkamp v. Roggenkamp
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. On March 6, 1894, the circuit court* for the district of Nebraska rendered a decree to the effect that William Roggenkamp, the appellant in' this case, held the title to 40 acres of land in trust for, and that he should convey the same to, the appellee John Roggenkamp,- Jr., a minor, and that the appellee Emma Simons, as his guardian, was entitled to recover from the appellant the rental value…
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Appeal from the Circuit Court of the United States for the District of Nebraska. On March 6, 1894, the circuit court* for the district of Nebraska rendered a decree to the effect that William Roggenkamp, the appellant in' this case, held the title to 40 acres of land in trust for, and that he should convey the same to, the appellee John Roggenkamp,- Jr., a minor, and that the appellee Emma Simons, as his guardian, was entitled to recover from the appellant the rental value of this tract of land, less the taxes he had paid and the value of the improvements he had made upon it during the time…
1Opinion of the CourtSanborn, Circuit Judge
The fundamental principle on which this decree is based is sound. One who appropriates to himself the benefit of an interest or equity in real estate that has descended to a minor heir thereby constitutes himself a trustee for the heir. He charges the title in himself, and in those who hold under him with notice, with a trust in favor of the heir that a-court of equity will enforce; and he renders himself personally liable to account for the rents, profits, and proceeds of *607i he land which he tiras acquires. When the appellant used the contract'for the purchase of this land that his son held…
2Cases cited9 opinions
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
- Stow v. KimballIllinois Supreme Court · 1862
- Weeks v. GibbsMassachusetts Supreme Judicial Court · 1812
- Graves v. PinchbackSupreme Court of Arkansas · 1886
- Musham v. MushamIllinois Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Klinzing v. Blauw Bros.New York Supreme Court · 1916