Stitt v. Rat Portage Lumber Co.
Supreme Court of Minnesota
Action in the district court for Itasca county against defendants, Rat Portage Lumber Co. and Patrick A. Smith, to impress a trust for the benefit of plaintiff, to the extent of an undivided one-half interest therein, upon certain lands, the title to which was held by defendant Smith; plaintiffs alleging that the land had been purchased for the joint partnership account of plaintiffs and defendant company.
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Action in the district court for Itasca county against defendants, Rat Portage Lumber Co. and Patrick A. Smith, to impress a trust for the benefit of plaintiff, to the extent of an undivided one-half interest therein, upon certain lands, the title to which was held by defendant Smith; plaintiffs alleging that the land had been purchased for the joint partnership account of plaintiffs and defendant company. The case was tried before Spooner, J., who made findings of fact, and as conclusions of law found that plaintiffs were the owners of an undivided half of the land, subject to the lien of…
1Opinion of the CourtJaggard, J.
The complaint in this case alleged in substance the following facts: In the summer of 1901 the plaintiffs and respondents entered into a contract with the defendants and appellant the Rat Portage Lumber Company, by which it was agreed that the Rat Portage Lumber Company, P. A. Smith, and the plaintiffs should purchase for $1,250, from a certain person, specified real property in Itasca county, on which there then was a dam, and that the plaintiffs were to own one-half and defendants one-half of such lands. It was not agreed in whose name the deed should run as to the respective interests;…
2Cases cited20 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Smalley v. MitchellMichigan Supreme Court · 1896
- Lancashire Insurance v. CallahanSupreme Court of Minnesota · 1897
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Moropoulos v. C. H. & O. B. Fuller Co.California Supreme Court · 1921
- Hammel v. FeighSupreme Court of Minnesota · 1919
- Irvine v. CampbellSupreme Court of Minnesota · 1913
- Cyrus v. CyrusSupreme Court of Minnesota · 1954
- Sonnesyn v. HawbakerSupreme Court of Minnesota · 1914
16 more not listed; retrieve them via the Exa API.