Von Hemert v. Taylor
Supreme Court of Minnesota
Appeal by defendant Nora W. Taylor from an order of the district court for Ramsey county, Kelly, J., denying her motion for a new trial, after findings in favor of plaintiff. Since one-third of the purchase money for the property in question was appellant’s separate property, and since she did not know that the title had been taken in the name of her husband, a constructive trust at common law was established in her favor, to which G. S. 1894, § 4280, does not apply.
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Appeal by defendant Nora W. Taylor from an order of the district court for Ramsey county, Kelly, J., denying her motion for a new trial, after findings in favor of plaintiff. Since one-third of the purchase money for the property in question was appellant’s separate property, and since she did not know that the title had been taken in the name of her husband, a constructive trust at common law was established in her favor, to which G. S. 1894, § 4280, does not apply. Siemon v. Schurck, 29 N. Y. 598; Foote v. Bryant, 47 N. Y. 544; Nester v. Gross, 66 Minn. 371; 2 Pomeroy, Eq. Jur. § 1042;…
1Opinion of the CourtStart, C. J.
This action was brought by the plaintiff, as assignee, to foreclose a real-estate mortgage, executed on March 21, 1890, by the defendants, Oscar L. and Nora W. Taylor, who are husband and wife, to the St. Paul Trust Company, tó secure the payment of $40,000. The defendant Nora W. alone answered. Her defense was that she was the equitable owner of an undivided one-third of the mortgaged premises, and executed the mortgage for the sole purpose of securing a loan to her husband individually; that the plaintiff knew that she was the owner of such interest in the premises, and that she executed…
2Cases cited4 opinions
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Benedict v. OlsonSupreme Court of Minnesota · 1887
- Reynolds v. Steamboat FavoriteSupreme Court of Minnesota · 1865
- Petzold v. PetzoldSupreme Court of Minnesota · 1893
3Cited by1 opinion
- Bennett v. OdnealSupreme Court of Oklahoma · 1914