Hoehne v. Breitkreitz
Nebraska Supreme Court
Appeal from a decree rendered by Griffey, J., sitting in the district court for Cuming county. The case is stated in the opinion.
Read the full summary
Appeal from a decree rendered by Griffey, J., sitting in the district court for Cuming county. The case is stated in the opinion. Under the provisions of our law no trust can be created, nor will any trust be implied, or result, unless the same be made in writing and signed by the party declaring the same, unless by some act or acts of the cestui gue trust, and the trustee, they bring themselves within the exception named in the statute, to-wit: “unless by act or operation of law.5> Gen. Stat., 892, Sec. 3. It is well settled in this country, as in England, that if a person purchasing an…
1Opinion of the CourtGantt, J.
The plaintiff avers in his petition, substantially, that the defendant agreed to purchase for him and in his name a tract of timber land in Nebraska; that he furnished the defendant with the money to pay for said land; that the defendant with the same money purchased from the United States the northwest quarter of the southwest quarter of section twenty-seven, in township twenty-three, range five east, in Cuming county, and fraudulently took the title of the same in his own name instead of that of the plaintiff; that he is the owner of the said land, and that the defendant holds the legal…
2Cited by7 opinions
- Norton v. BrinkNebraska Supreme Court · 1906
- Brownell & Co. v. StoddardNebraska Supreme Court · 1894
- Cowles v. CowlesNebraska Supreme Court · 1911
- Fleury v. ChrismanNebraska Supreme Court · 1978
- Doll v. DollNebraska Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.