54 Minn. 285 | Minn. | 1893
This action is to establish and declare a trust, and vest the title to the trust property (real estate) in the plaintiff. The court below found as facts, in brief, that the plaintiff furnished to the defendant George Snell the money with which to purchase a lot for her, and construct for her a house thereon, and that with said money he purchased the lot, and constructed the house, but that, fraudulently, and without her knowledge or consent, he took the title to the lot, on the purchase, in his own name, and that afterwards, in 1886, he made and delivered to her a memorandum in writing, subscribed by him, acknowledging and declaring that he held the property in trust for her; that in December, 1891, the two defendants became husband and wife. The evidence fully sustains those findings.
The court also found that in 1884, after the purchase, the plaintiff went into possession of the property, and remained continuously in possession, and exclusively controlled and managed the same, till the time of the trial, and that when the defendants intermarried the defendant Jennie C. had full knowledge and notice of all-the foregoing facts. The findings as to plaintiff’s possession, and as to the defendant Jennie having notice of the facts, are objected to as not justified by the evidence. If those findings stand, of course, the plaintiff is entitled to the relief she demands, for, in whatever relation the defendant Jennie C. stands to the rights which the law would give her in her husband’s real estate, — whether (in law) in that of a purchaser or not, — such rights would certainly be subject to the. rights of others, good against her husband, of which she had notice. But those findings are immaterial, and it is immaterial whether they are justified by the evidence, for if they be disregarded
There is no other question, deserving special mention, raised by the assignment of errors.
Order affirmed.