Brookings Land & Trust Co. v. Bertness
South Dakota Supreme Court
Appeal from, circuit court, Brookings county. Hon. Julian Bennett, Judge. Action by the Brookings Land and Trust Company against Theman J. Bertness and wife. Judgment for plaintiff. Defendants appeal.
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Appeal from, circuit court, Brookings county. Hon. Julian Bennett, Judge. Action by the Brookings Land and Trust Company against Theman J. Bertness and wife. Judgment for plaintiff. Defendants appeal. In order that the doctrine of trusts, exmaledeio, with respect to land, may be enforced, under any circumstances there must be something more than a mere verbal promise (to purchase and convey the land) however unequivocal; otherwise the Statute of Frauds would be virtually abrogated, ■ there must be an element of positive fraud accompanying the promise and by means of which the acquisition ol…
1Opinion of the CourtCorson, J.
This is an action to compel the defendants to convey to the plaintiff a half section of land situated in Brookings county. Findings and judgment were in favor of the plaintiff, and the defendants appeal.
Such of the court’s findings of fact as we deem material to a proper understanding of the questions to be considéred are: •“(3) That on the 27th day of May, 1901, the- plaintiff, the *298Brookings Land & Trust Company, and the defendant, The-man J. Bertness, entered into an agreement wherein and wherebjr the said Theman J. Bertness became and was to act as agent for the said Brookings Land & Trust…
2Cases cited16 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Brison v. BrisonCalifornia Supreme Court · 1888
- Wood v. . RabeNew York Court of Appeals · 1884
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- Moore v. CrawfordSupreme Court of the United States · 1889
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