Thornley v. Lawbaugh
North Dakota Supreme Court
Appeal by plaintiff from an order of the district court of McLean county, Winchester, J., quashing an attachment and dismissing the action. The alleged trust, as between the defendant and the grantors in the deed conveying the property .in question to him, is void. Rev. Codes 1905., §§ 4821, 4835, Comp. Laws 1913, §§ 5364, 5378; Enderlin Invest.
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Appeal by plaintiff from an order of the district court of McLean county, Winchester, J., quashing an attachment and dismissing the action. The alleged trust, as between the defendant and the grantors in the deed conveying the property .in question to him, is void. Rev. Codes 1905., §§ 4821, 4835, Comp. Laws 1913, §§ 5364, 5378; Enderlin Invest. Co. v. Nordhagen, 18 N. D. 517, 123 N. W. 390. Such alleged trust was a secret one, and did not appear in the instrument of conveyance, nor in any other manner of record. Rev. Codes 1905, § 5038, Comp. Laws 1913, § 5594; Enderlin Invest. Co. v„…
1Opinion of the CourtGoss, J.
This is an action for damages for the recovery of $1,011, alleged to have been sustained because of alleged fraud and deceit of defendant in procuring, for the sum of $1,925, the discharge of a real estate mortgage of the face value of $2,996 upon a half section of land in McLean county. The discharge is pleaded to have been obtained through the alleged misrepresentation of defendant, and through the-error, mistake, and ignorance of the plaintiff, known to the defendant to be such. The propriety of the attachment in the particular action is not challenged, and we do not pass thereon. The only…
2Cases cited15 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.Supreme Court of South Carolina · 1905
- Western Grocer Co. v. AllemanSupreme Court of Kansas · 1910
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3Cited by5 opinions
- Baird v. HolieNorth Dakota Supreme Court · 1931
- Charles R. Allen, Inc. v. Island Co-Operative Services Co-Operative Ass'nSupreme Court of South Carolina · 1956
- Gilmore v. OlsonNorth Dakota Supreme Court · 1926
- Moen v. MelinNorth Dakota Supreme Court · 1929
- Weaver Grocery Co. v. Cain Milling Co.Mississippi Supreme Court · 1918