Erb v. Kohnke
Idaho Court of Appeals
1Opinion of the Court
SWANSTROM, Judge.
Sarah Kohnke appeals from a judgment quieting title to real property in the estate of Willis Erb. Sarah claims that Willis Erb gave her the real property as a gift because of his love and affection for her. The district court held that the alleged gift was unenforceable because Willis made no written conveyance of his interest in the property to Sarah as is required by the statute of frauds. I.C. §§ 9-503, -505. The district court concluded that a constructive trust was created by operation of law, and that Sarah held legal title to the real property in trust for the benefit…
2Cases cited26 opinions
- Minich v. Gem State Developers, Inc.Idaho Supreme Court · 1979
- Creasman v. BoyleWashington Supreme Court · 1948
- Hoffman v. SV Co., Inc.Idaho Supreme Court · 1981
- Suter v. SuterIdaho Supreme Court · 1976
- Davenport v. BurkeIdaho Supreme Court · 1917
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3Cited by7 opinions
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- Moore v. MullenIdaho Court of Appeals · 1993
- Dunham v. DunhamIdaho Court of Appeals · 1994
- Quad-Cities Construction, Inc. v. Advanta Business Services, Corp. (In Re Quad-Cities Construction, Inc.)United States Bankruptcy Court, D. Idaho · 2000
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