Urbanec v. Urbanec
North Dakota Supreme Court
Appeal from District Court of Duuu County, Crawford, J. Courts of equity bave enforced gifts of real property, notwithstanding tbe Statute of Frauds, only where tbe proof of tbe gift was clear and convincing and where tbe donee in reliance thereon entered into possession and made valuable improvements. Note in 9 L.E.A. (N.S.) 508. Equity has enforced tbe gift in such cases on tbe principle of equitable estoppel.
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Appeal from District Court of Duuu County, Crawford, J. Courts of equity bave enforced gifts of real property, notwithstanding tbe Statute of Frauds, only where tbe proof of tbe gift was clear and convincing and where tbe donee in reliance thereon entered into possession and made valuable improvements. Note in 9 L.E.A. (N.S.) 508. Equity has enforced tbe gift in such cases on tbe principle of equitable estoppel. “Tbe real reason for enforcing such a gift is to prevent fraud being practised upon tbe donee by bis having been induced because thereof to make valuable improvements thereon.”…
1Opinion of the CourtBirdzell, J.
This is an action to determine adverse claims to a quarter section of land in Dunn county. In his complaint the plaintiff *131alleges that he has been in possession of the real estate in question, under a parol gift made by Frank Urbanec or Orbanez to him, for the period of more than seventeen years. An answer was interposed on behalf of the defendants, who reside in Russia, by Anton Wolf, as Imperial Russian Consul General. The defendants allege that they are citizens and subjects of the Empire of Russia, residing therein, but they do not assert their interest in the property as heirs of Frank…
2Cases cited11 opinions
- Wright v. MattisonSupreme Court of the United States · 1856
- Fugate v. PierceSupreme Court of Missouri · 1872
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Power v. KitchingNorth Dakota Supreme Court · 1901
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
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3Cited by3 opinions
- Heuer v. HeuerNorth Dakota Supreme Court · 1934
- Severson v. SimonNorth Dakota Supreme Court · 1961
- Severson v. SimonNorth Dakota Supreme Court · 1961