Swanson v. Swanson

[¶ 52] I respectfully dissent. I join in Justice Sandstrom’s dissent on the issue of good faith. But, because I believe the trial court erred in deciding whether the Swanson children provided a “valuable consideration” for the property, I would reverse and remand for further consideration of that issue.

[¶ 53] On the issue of the good faith of the children, the trial court stated:

Glenn’s summer of 2001 comment to Robert that he owned the Property, for purposes of this discussion, must be deemed to be sufficient to have put the Plaintiffs on notice of Glenn’s purported claim of ownership. It is…