Petzold v. Petzold
Supreme Court of Minnesota
Appeal by defendant Charles Petzold, from an order of the District Court of Eamsey County, William Louis Kelly, J., made February 19, 1892, overruling a demurrer to the complaint The complaint states that the plaintiff, Minna Petzold, is the daughter of the defendant Adam Krass, and the wife of the defendant Charles Petzold.
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Appeal by defendant Charles Petzold, from an order of the District Court of Eamsey County, William Louis Kelly, J., made February 19, 1892, overruling a demurrer to the complaint The complaint states that the plaintiff, Minna Petzold, is the daughter of the defendant Adam Krass, and the wife of the defendant Charles Petzold. That they were married November 23, 1884, and lived together until May 10, 1890. That in October, 1886, Krass bargained for lots one (1), two (2), twenty-three (23) and twenty-four (24) in block four (4) in plat eight (8) Lexington Park, St. Paul, and paid $2,100…
1Opinion of the CourtGtlfillan, C. J.
No trust in favor of plaintiff, or in favor of any one not a creditor of Krass in the real estate which is the subject of controversy, could arise upon the sole facts that the consideration for its purchase was paid by Krass, and the conveyance taken to defendant Petzold. As the money paid belonged to' Krass, and plaintiff had no legal interest in it, he could do what he pleased with it, and, if he paid it for a. conveyance to Charles Petzold'alone, no one can complain. No trust could arise upon the conveyance unless it was taken to Charles Petzold alone, against the consent of Krass, so as…
2Cases cited1 opinion
- Gran v. SpangenbergSupreme Court of Minnesota · 1893
3Cited by3 opinions
- Gran v. SpangenbergSupreme Court of Minnesota · 1893
- Ryan v. WilliamsSupreme Court of Minnesota · 1904
- Von Hemert v. TaylorSupreme Court of Minnesota · 1898