Legal Opinion

Shearer v. Barnes

Supreme Court of Minnesota

Decided June 14, 1912No. Nos. 17,511-(117)PublishedCited by 19 opinions

Action in the district court for Hennepin county by the receiver of the Minnesota Title Insurance & Trust Company to adjudge that from and after March 2, 1906, defendants held title to certain real estate in trust for that company, until plaintiff became receiver thereof, and thereafter held title in trust for plaintiff; that plaintiff was the lawful owner thereof; to obtain restitution of the premises and for $10,000 damages, the value of the rents and profits thereof.

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Action in the district court for Hennepin county by the receiver of the Minnesota Title Insurance & Trust Company to adjudge that from and after March 2, 1906, defendants held title to certain real estate in trust for that company, until plaintiff became receiver thereof, and thereafter held title in trust for plaintiff; that plaintiff was the lawful owner thereof; to obtain restitution of the premises and for $10,000 damages, the value of the rents and profits thereof. The answer set up that since March 16, 1906, defendants as husband and wife had lived with their family upon the real estate…

1Opinion of the CourtPhilip E. Brown, J.

This is an action wherein the plaintiff, as receiver of the Minnesota Title Insurance & Trust Company, a corporation, seeks' to impress a trust upon certain real property in the city of Minneapolis, the legal and record title whereof stands in the name of the defendant Joseph H. Barnes. The plaintiff, as such receiver, claims that this property was purchased largely with the funds of the corporation while it was a going concern, and that therefore he is entitled to judgment adjudging that as receiver he has a pro tanto interest in the property, and also in the rents and profits thereof since…

2Cases cited18 opinions

  1. Moore v. CrawfordSupreme Court of the United States · 1889
  2. Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
  3. Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
  4. Henderson v. MurraySupreme Court of Minnesota · 1909
  5. Bitzer v. BoboSupreme Court of Minnesota · 1888

13 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Knox v. KnoxSupreme Court of Minnesota · 1946
  2. Long v. EarleMichigan Supreme Court · 1936
  3. Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
  4. Backus v. FinkelsteinDistrict Court, D. Minnesota · 1927
  5. Sou-Hsiung Jack CHIU, Appellant, v. Amy Kam-Ling WONG, AppelleeCourt of Appeals for the Eighth Circuit · 1994

14 more not listed; retrieve them via the Exa API.

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