Chadwick v. Arnold
Utah Supreme Court
Appeal from District Court, Fourth District; J, E* Booth, Judge. Action by Asenath Chadwick against John H. Arnold and another. From a judgment for defendants, plaintiff appeals. APPELLANT’S POINTS. Acquiring property by fraud creates a constructive trust. (Laemon v. Kniglvb, 33 Am. S't. 229; Oatilina v. Catilina, 19 Am.
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Appeal from District Court, Fourth District; J, E* Booth, Judge. Action by Asenath Chadwick against John H. Arnold and another. From a judgment for defendants, plaintiff appeals. APPELLANT’S POINTS. Acquiring property by fraud creates a constructive trust. (Laemon v. Kniglvb, 33 Am. S't. 229; Oatilina v. Catilina, 19 Am. St. 73; 1 Perry on Trusts (4 Ed.), secs. 168, 169, 170, 171, 176; Miller v. Pearce, 6 Watts & S. P. 97; Bisp-ham’s Principles of Equity (4 Ed.), secs. 91, 218.) The statute of frauds is no obstacle in the way of proof of an actual or constructive fraud. (1 Perry on Trusts (4…
1Opinion of the CourtStraup, J.
This is an action in equity in which the plaintiff seeks a decree adjudging that the defendants hold certain real estate in trust for her use and benefit. The substance of the allegations of the complaint is that the plaintiff, the owner of the real estate, mortgaged it to the wife of the defendant, Am-*51old; that thereafter Arnold verbally agreed to purchase the mortgage, bid the property in at foreclosure sale, and agreed to convey the title of the property to her for the sum of $2,-500 after he obtained a sheriff’s deed; that, relying on his promise, she made no appearance in the action…
2Cases cited13 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Avery v. StewartSupreme Court of North Carolina · 1904
- Sandfoss v. JonesCalifornia Supreme Court · 1868
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Rose v. BatesSupreme Court of Missouri · 1848
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hawkins v. PerryUtah Supreme Court · 1953
- Moore v. De BernardiNevada Supreme Court · 1923
- William R. Compton Co. v. Farmers Trust Co.Missouri Court of Appeals · 1925
- Thomas v. Goodbread ex rel. ColeSupreme Court of Florida · 1919
- Lawley v. HickenlooperUtah Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.