Coe v. Sloan
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to recover an interest in certain town lots in Boise City. Judgment for defendants. The facts as agreed upon show that the defendants and their grantors and predecessors in interest were guilty of fraud, which is termed and designated in equity “constructive fraud.”
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to recover an interest in certain town lots in Boise City. Judgment for defendants. The facts as agreed upon show that the defendants and their grantors and predecessors in interest were guilty of fraud, which is termed and designated in equity “constructive fraud.” In all such cases of purchase with notice courts of equity will hold t'he purchaser a trustee for the benefit of the person whose rights he has thus sought to defraud or defeat. (Seymour v. Seymour, 51 N. T. Supp. 130, 28…
1Opinion of the CourtSullivan, C. J.
John B; Coe brought this action on his own behalf and as administrator of the estate of George H. Coe, Jr., and they are appellants here. The action was brought against' Theodore A. Sloan, P. L. Williams and M. Ethlene Rounds, as defendants.
This action was commenced on August 24, 1907, to recover an undivided one-half interest in lots 10, 11 and 12 in block 39 of the original townsite of Boise City, Ada county. The following, among other facts, are stipulated by the respective parties as the facts of the ease:
That on and after and for some time prior to December 17, 1875, George H. Coe and N.…
2Cases cited4 opinions
- Alabama & Vicksburg Railway Co. v. JonesMississippi Supreme Court · 1895
- State ex rel. Graham v. WaltersIndiana Court of Appeals · 1903
- Nasholds v. McDonellIdaho Supreme Court · 1898
- Ames v. HowesIdaho Supreme Court · 1907
3Cited by13 opinions
- Calkins v. KousourosIdaho Supreme Court · 1951
- Lisher v. KrasseltIdaho Supreme Court · 1972
- Ewald v. HuftonIdaho Supreme Court · 1918
- Olympia Mining & Milling Co. v. KernsIdaho Supreme Court · 1913
- Stianson v. StiansonSouth Dakota Supreme Court · 1918
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