Legal Opinion

Carter v. Carter

North Dakota Supreme Court

Decided January 26, 1905PublishedCited by 23 opinions

Appeal from District Court, Richland county; Fisk, J., presiding •by request. Action by E. H. Carter against Albert J. Carter. Judgment for defendant and plaintiff appeals.

1Opinion of the CourtEngerud, J.

This is a suit in equity to establish title to a tract of real property by virtue of a resulting trust. The trial court ■found the facts against the plaintiff, and ordered judgment dismissing the action. The plaintiff appeals from the judgment under section 5630, Rev. Codes 1899, and demands a review of the whole case.

The ■ plaintiff asserts that the land in question was bought and paid for by him, 'but was conveyed to the defendant pursuant to a verbal agreement between them to the effect that .the defendant should -hold the title in trust for the plaintiff. If any trust was created, it was…

2Cases cited12 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Packet Co. v. SicklesSupreme Court of the United States · 1867
  3. Jasper v. HazenNorth Dakota Supreme Court · 1894
  4. McGuin v. LeeNorth Dakota Supreme Court · 1901
  5. Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Hofsommer v. Hofsommer Excavating, Inc.North Dakota Supreme Court · 1992
  2. Hayden v. DannenbergSupreme Court of Oklahoma · 1914
  3. Zundel v. ZundelNorth Dakota Supreme Court · 1979
  4. McDonald v. MillerNorth Dakota Supreme Court · 1944
  5. Scheid v. ScheidNorth Dakota Supreme Court · 1976

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API