Krause v. Krause
North Dakota Supreme Court
Appeal from tbe District Court of Richland County, Allen, J. Action to have a trust relation with reference to real property declared and to require a reconveyance of such, property to plaintiff, and to have a decree by which a mortgage shall be adjudged not a lien. Statement by PonnocK, District Judge. This appeal brings np the entire record of the court below. It was tried under the so-called “Newman act,” and a new trial in this court is asked.
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Appeal from tbe District Court of Richland County, Allen, J. Action to have a trust relation with reference to real property declared and to require a reconveyance of such, property to plaintiff, and to have a decree by which a mortgage shall be adjudged not a lien. Statement by PonnocK, District Judge. This appeal brings np the entire record of the court below. It was tried under the so-called “Newman act,” and a new trial in this court is asked. The record covers 311 pages; The facts are many. Having read the entire record and made a grouping of the facts, it is found that but few are in…
1Opinion of the CourtPollock, District Judge
(after stating the-facts as above). A vast difference exists between a fací and an inference. That John and wife may have deeded the land to Herman is a fact; the inference to be drawn from, the act must be determined by the surrounding circumstances, coupled with the act. This is a trite statement, but one to be kept in mind in discussing the evidence in this case. The innumerable facts disclosed by the record are at first somewhat confusing, but if read accurately present very few conflicts. When discussing inferences, however, counsel became involved in hopeless contradictions. Two or…
2Cases cited5 opinions
- Hedlin v. LeeNorth Dakota Supreme Court · 1911
- Cummings v. DuncanNorth Dakota Supreme Court · 1912
- O'Toole v. OmlieNorth Dakota Supreme Court · 1899
- Tompkins v. Nichols & JamisonSupreme Court of Alabama · 1875
- Hill v. ReifsniderCourt of Appeals of Maryland · 1877
3Cited by9 opinions
- Hoffer v. CrawfordNorth Dakota Supreme Court · 1954
- Sjostrand v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 2002
- Agricultural Credit Corp. v. North DakotaNorth Dakota Supreme Court · 1945
- Earnest v. First National BankNorth Dakota Supreme Court · 1927
- Sox v. MiracleNorth Dakota Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.