Paulson v. Meinke

MESCHKE, Justice.

In well-traveled litigation, we partially reverse the third trial judge’s decision. We order an implied trust where unjust enrich*799ment results from transfer of a 295 acre farm and new home to the claimant’s brother, now deceased, who only assumed a mortgage balance and who agreed to an “option to repurchase.”

In 1981, Oscar and June Paulson sought an implied trust against land in both LaM-oure and Ransom Counties which they had deeded to Oscar’s brother, Claire, in 1977. After the first trial before Judge Fredricks, who rejected their claim, Paulsons moved for a new trial or…