Kernkamp v. Schulz
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Barnes County, J. rA. Ooffey, J. Tbe authorities are conclusive on the subject that if the complaint alleges an agreement, constituting an express trust, then there can be no resulting or implied trust. Golschalck v. Fulmer, 51 N. E. 852; Potter v. Clapp (111.) 96 Am.
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Appeal from a judgment of tbe District Court of Barnes County, J. rA. Ooffey, J. Tbe authorities are conclusive on the subject that if the complaint alleges an agreement, constituting an express trust, then there can be no resulting or implied trust. Golschalck v. Fulmer, 51 N. E. 852; Potter v. Clapp (111.) 96 Am. St. Hep. 322, 68'NvE. 81; Monson v. Hutchin (111.) 62 N. E. 788; Byers v. McEnry (Iowa) 91 N. W. 797; Stevens v. Fitzpatrick (Mo.) 118 S. W. 51; Butts v. Cooper (Ala.) 44 So. 616; Russ v. Mebius, 16, Cal. 350; Walker v. Bruce (Idaho) 97 Pac. 250; Ames v. Howes (Idaho) 93 Pac. 35.…
1Opinion of the CourtGrace, J.
The defendant is the widow of William Schulz, who, during his lifetime, and the plaintiff, were farmers of Barnes county, and were neighbors and friends.
• It appears that together they had many business transactions, as well as transactions between themselves and other persons; that they bought and owned certain lands together, and at times sold land which they thus jointly owned.
Among other lands which they purchased and owned were several quarters of school lands, in which they were jointly and equally interested.
It is claimed by the plaintiff that the northeast quarter of section 36,…
2Cases cited2 opinions
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Smith v. Security Loan & Trust Co.North Dakota Supreme Court · 1899
3Cited by9 opinions
- Zundel v. ZundelNorth Dakota Supreme Court · 1979
- Rozan v. RozanNorth Dakota Supreme Court · 1964
- Scheid v. ScheidNorth Dakota Supreme Court · 1976
- Fox v. FoxNorth Dakota Supreme Court · 1928
- Redman v. BiewerNorth Dakota Supreme Court · 1951
4 more not listed; retrieve them via the Exa API.