Havens v. Schoen

Plaintiffs brought an action in equity seeking to set aside a deed or to impose a constructive trust on farm property which was the subject of the deed. The trial judge found no cause of action and plaintiffs appeal as a matter of right.

In 1962, plaintiff Dr. Havens purchased the Scholz family farm from the estate of her twin brother, Norman Scholz. She gave a deed of trust to her other brother Earl Scholz in 1964, naming her daughter Linda Karen Adams as the principal beneficiary. In 1969, she filed suit against Earl and Inez Scholz and, in settlement of that suit, the property was conveyed…