Blake v. Boisjoli
Supreme Court of Minnesota
Appeal by plaintiff, Peter Blake, from an order of the District - Court of Morrison County, Baxter, J., made August 7, 1891, refusing a new trial. This action was brought by the plaintiff, a judgment creditor of the defendant Joseph Boisjoli, under 1S78 G. S. ch. 43, §§ 7, 8, to enforce a trust in favor of plaintiff in Lot two, (2,) Block fourteen, (14,) of Little Falls, the title to which stood in the name of defendant Rosalie Boisjoli.
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Appeal by plaintiff, Peter Blake, from an order of the District - Court of Morrison County, Baxter, J., made August 7, 1891, refusing a new trial. This action was brought by the plaintiff, a judgment creditor of the defendant Joseph Boisjoli, under 1S78 G. S. ch. 43, §§ 7, 8, to enforce a trust in favor of plaintiff in Lot two, (2,) Block fourteen, (14,) of Little Falls, the title to which stood in the name of defendant Rosalie Boisjoli. The court made findings ordering judgment for the defendants. Plaintiff moved for a new trial, the motion was denied, and he appealed. This is an action to…
1Opinion of the CourtMitchell, J.
This was an action to enforce an alleged trust in favor of plaintiff, as creditor of' defendant J. Boisjoli, (1878 G. S. *298ch. 43, §§ 7, 8,) in land, the consideration for which had been paid by the debtor, and the conveyance made to his wife and codefendant; and the only question raised by this appeal is whether the evidence justified the finding of the court to the effect that the statutory presumption of fraud had been disproved.
The undisputed evidence is that the defendant debtor was the owner of 200 acres of land, 80 of which was exempt as his homestead; that the whole of the land was…
2Cases cited5 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Baldwin v. RogersSupreme Court of Minnesota · 1881
- Jones v. BrandtSupreme Court of Iowa · 1882
- Horton v. KellySupreme Court of Minnesota · 1889
3Cited by11 opinions
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Aretz v. KloosSupreme Court of Minnesota · 1903
- Fryberger v. BervenSupreme Court of Minnesota · 1903
- Mulroy v. Sioux Falls Trust & Savings BankSupreme Court of Minnesota · 1925
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