Cardiff v. Marquis
North Dakota Supreme Court
Appeal from District Court, Dickey county; Allen, J. Action by Ida M. Cardiff against Sidney J. Marquis and others. Judgment for plaintiff, and defendant Jessie E. Morris appeals. No resulting trust arisies from an instrument of conveyance and reciting a consideration. 2 Pomeroy’s Equity Jurisprudence paragraphs 1031, 1033 and 1035. 27 Am. & Eng. Enc. Law 52; Gee v. Thwaikill, 45 Kan. 173; Moran v. Somes, 154 Mass. 200; Trust must arise at time of conveyance.
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Appeal from District Court, Dickey county; Allen, J. Action by Ida M. Cardiff against Sidney J. Marquis and others. Judgment for plaintiff, and defendant Jessie E. Morris appeals. No resulting trust arisies from an instrument of conveyance and reciting a consideration. 2 Pomeroy’s Equity Jurisprudence paragraphs 1031, 1033 and 1035. 27 Am. & Eng. Enc. Law 52; Gee v. Thwaikill, 45 Kan. 173; Moran v. Somes, 154 Mass. 200; Trust must arise at time of conveyance. Dick v. Dick 172 111. 578; Reed v. Reed, 135 111. 482; Koster v. Koster, 149 111. 195. Where there is an express trust there can be no…
1Opinion of the CourtMorgan, C. J.
This is an action brought by the plaintiff to recover the sum of $2,880, the proceeds of the sale of 160 acres of land alleged to have been owned by her. The complaint alleges her ownership of the land, and that on October 30, 1904, she executed and delivered to her father, Edward L. Marquis, a deed of said 160 acres of land. The complaint further alleges that the said deed was without any consideration whatever, and was made in trust for the plaintiff for the purpose of selling and conveying said land in trust for her; that said land was to be sold to'one Ma-lander for said sum, and that…
2Cases cited10 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Brison v. BrisonCalifornia Supreme Court · 1891
- Wood v. . RabeNew York Court of Appeals · 1884
- Sherman v. SandellCalifornia Supreme Court · 1895
- Alaniz v. CasenaveCalifornia Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McDonald v. MillerNorth Dakota Supreme Court · 1944
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
- Barker v. BarkerNorth Dakota Supreme Court · 1947
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- Fox v. FoxNorth Dakota Supreme Court · 1928
10 more not listed; retrieve them via the Exa API.