Legal Opinion

Hodge v. Twitchell

Supreme Court of Minnesota

Decided May 25, 1885PublishedCited by 10 opinions

Plaintiff brought this action in the district court for Hennepin county, seeking to have a conveyance to the defendant Clara S. Twitch-ell of the north fifty feet of the lot described in the opinion declared fraudulent as to the plaintiff, and asking that she be declared to hold the title to an undivided one-third thereof in trust for the plaintiff, and that she be directed to convey such undivided one-third to the plaintiff.

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Plaintiff brought this action in the district court for Hennepin county, seeking to have a conveyance to the defendant Clara S. Twitch-ell of the north fifty feet of the lot described in the opinion declared fraudulent as to the plaintiff, and asking that she be declared to hold the title to an undivided one-third thereof in trust for the plaintiff, and that she be directed to convey such undivided one-third to the plaintiff. The action was tried before Lochren, J., without a jury, and, upon the facts found, (which are substantially stated in the opinion,) judgment was directed for plaintiff.…

1Opinion of the Court

Gtlpillan, C. J.

The findings of fact by the court below, so far as they are essential to the determination of the case, are justified by the evidence. The facts are substantially these:

In January, 1883, the plaintiff, the defendant Edgar A. Twitchell, and one Roby agreed that they would, make joint purchases of real estate in the city of Minneapolis, each furnishing an equal amount of the purchase-money for each venture; and that on a sale of any piece purchased they would divide equally the profits of the venture. In the same month said defendant called the attention of the other two to a…

2Cited by10 opinions

  1. Lomita Land and Water Co. v. RobinsonCalifornia Supreme Court · 1908
  2. Irvine v. CampbellSupreme Court of Minnesota · 1913
  3. Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
  4. Newell v. CochranSupreme Court of Minnesota · 1889
  5. Fountain v. MenardSupreme Court of Minnesota · 1893

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