Gates v. Kelley
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by E. P. Gates against Fred A. Kelley. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtEngerud, J.
This is a suit in equity whereby the plaintiff seeks to have the defendant declared to be a trustee ex maleficio of the title of a quarter section of land in Nelson county, and to compel the defendant to convey the legal or record title to plaintiff, who claims to be equitably entitled thereto. The answer is a general denial. The issues were tried without a jury and resulted in a judgment for defendant, from which judgment the plaintiff appeals, demanding a retrial of all the issues.
On July 5, 1884, Chester Cranmer was the owner in fee of the southwest quarter of section 15, township 153,…
2Cases cited1 opinion
- Rollins v. MitchellSupreme Court of Minnesota · 1892
3Cited by17 opinions
- Marshall v. StateCourt of Appeals of Maryland · 1997
- State v. ElijahSupreme Court of Minnesota · 1940
- Calloway v. StateCourt of Appeals of Maryland · 2010
- Leeks v. StateCourt of Special Appeals of Maryland · 1996
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
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