Leonard v. Green
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county refusing a new trial, — the action having been tried before Brill, J., without a jury. The decision on a former appeal in this, action is reported in 30 Minn. 496. The plaintiff’s case is solely to enforce a resulting trust under Gen. St. 1878, c. 43, §§ 7-8. It is essential to the existence of a resulting trust in favor of existing creditors that it arise from some conveyance or deed.
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Appeal by defendant from an order of the district court for Ramsey county refusing a new trial, — the action having been tried before Brill, J., without a jury. The decision on a former appeal in this, action is reported in 30 Minn. 496. The plaintiff’s case is solely to enforce a resulting trust under Gen. St. 1878, c. 43, §§ 7-8. It is essential to the existence of a resulting trust in favor of existing creditors that it arise from some conveyance or deed. Durfee v. Pavitt, 14 Minn. 319, (424.) The entire purchase-money must be paid by the debtor and the land conveyed to another before a…
1Opinion of the Court
Vanderburgh, J.1
The plaintiff is the owner of a judgment recovered by himself and another against Joseph C. Green, husband of the defendant, on the eighth day of December, 1876, growing out of an indebtedness existing in 1874. The judgment debtor has since been insolvent, and an execution issued upon such judgment has been duly returned unsatisfied. This action is brought to enforce a trust in favor of creditors, arising under Gen. St. 1878, c. 43, § 8, in certain real property in the city of St. Paul, alleged to have been *140purchased-and paid for by Joseph C. Green, but at "his instance…
2Cases cited8 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Campbell v. JonesSupreme Court of Minnesota · 1878
- Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875
- Lounsbury v. PurdyNew York Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fox v. ShanleySupreme Court of Connecticut · 1920
- Wolford v. FarnhamSupreme Court of Minnesota · 1890
- Evans v. StaalleSupreme Court of Minnesota · 1903
- Irish v. DanielsSupreme Court of Minnesota · 1907
- Williamson v. SeldenSupreme Court of Minnesota · 1893
2 more not listed; retrieve them via the Exa API.