American Mining Co. v. Trask
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to have title to certain real estate standing of record in the name of Estelle Trask decreed' to be held by her in trust for the use and benefit of the American Mining Company, Limited. Judgment for plaintiff. No trust arises upon such a state of facts as is involved in this case. (Dude v. Ford, 138 U. S. 587, 11 Sup.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to have title to certain real estate standing of record in the name of Estelle Trask decreed' to be held by her in trust for the use and benefit of the American Mining Company, Limited. Judgment for plaintiff. No trust arises upon such a state of facts as is involved in this case. (Dude v. Ford, 138 U. S. 587, 11 Sup. Ct. 417, 84 L. ed. 1091; Stevens v. McChrystal, 150 Fed. 85, 80 C. C. A. 39.) The knowledge acquired by Potter in May, 1906, must be imputed to the company of…
1Opinion of the CourtMorgan, J.
This action was commenced by respondent, American Mining Company, Limited, a corporation, for the purpose of procuring a decree of the district court to the effect that title to certain real estate held by appellants in the name of Estelle Trask is so held in trust for the use and benefit of respondent and to procure a conveyance thereof to it.
Respondent, by deed dated November 11, 1899, and acknowledged and recorded in March, 1900, acquired the ownership, subject to the paramount title of the United States, of certain mining ground known as the “Kola Lode Mineral Claim, ’ ’ situated in…
2Cases cited3 opinions
- Felix v. PatrickSupreme Court of the United States · 1892
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Smith v. Wallace National BankIdaho Supreme Court · 1915
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- Reid v. KeatorIdaho Supreme Court · 1934
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- Grover v. Idaho Public Utilities CommissionIdaho Supreme Court · 1961
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