Knox v. Knox

Matson, Justice.

Appeal from a judgment decreeing defendant to be a constructive trustee of realty for plaintiff’s use and benefit. After entry of the judgment plaintiff died, and Elizabeth Knox as administra-trix was substituted in his place and stead.

In 1931, the plaintiff, James M. Knox, while still living with and married to defendant, Sadie M. Knox, by assignment from Jesse Van Valkenburg, who was then his attorney, became the owner of a mortgage executed by Amy A. Hurd on lot 1, block 5, L. F. Menage’s Addition to Minneapolis, except the front 11 feet thereof. These premises, improved…