Bernauer v. McCaull-Webster Elevator Co.
North Dakota Supreme Court
Action to determine adverse claims. Appeal from judgment rendered for plaintiff in District Court, Het-tinger County, Crawford, J. “When a transfer of real property is made to one person and the consideration therefor is paid by another, a trust is presumed to result in favor of the person by or for whom such payment is made.” Comp.
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Action to determine adverse claims. Appeal from judgment rendered for plaintiff in District Court, Het-tinger County, Crawford, J. “When a transfer of real property is made to one person and the consideration therefor is paid by another, a trust is presumed to result in favor of the person by or for whom such payment is made.” Comp. Laws 1913, § 5365; See also 39 Oyc. 104, 124. “Unless the plaintiff shows a legal title or equitable interest in the land, she is not entitled to judgment awarding her the land.” Watt v. Morrow (S. D.) 103 N. W. 45; Comp. Laws, § 8144; Dalrymple v. Security Loan &…
1Opinion of the CourtBronson, J.
This is an action brought to determine adverse claims under the statute, § 8144, Comp. Laws 1913.
On October 11, 1915, the Moreau Lumber Company, the owner in fee of the farm lands involved, gave a contract for a deed to the plaintiff and respondent herein. Thereafter on April 27, 1916, Nick Hoffman and wife made a mortgage on the lands involved herein to the appellant, the McCaull-Webster Elevator Company.
In this action, the appellant, in its answer, sets forth only a general denial. Upon the trial, another action, with said Moreau Lumber Company as plaintiff and Anna Bernauer, the respondent…
2Cases cited1 opinion
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
3Cited by11 opinions
- Zundel v. ZundelNorth Dakota Supreme Court · 1979
- Rozan v. RozanNorth Dakota Supreme Court · 1964
- Shong v. Farmers' & Merchants' State Bank, Inc.North Dakota Supreme Court · 1955
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Rieger v. RiegerNorth Dakota Supreme Court · 1970
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