Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-04-16
Supreme Court Decisions
From Ransom County.

Peternelle c. Arntson, plaintiff and
appellant, We. The First National
Bank Of Sheldon, q banking cor
poration, and Thomas j. Harris, as
Trustee of ingebrixht E. Arntson,
bankrupt, defendants and respond
ents.
Syllabus: % Where n sick unto
death calls his children to him. and
SAYS. II want mother (his wife) to
1t to her when l am gone This will
be as good as a WILL" and the sons
promise to conve such property to
the mother and in reliance on such
promise the father dies without maxi
ing a will, a constructive trust, ac-
cording to h ordinary rules Of equi-
ty, an involuntary trust, under the
provisions of Section 6273 and Section
$3.50 of the Compiled Laws Of 1913,
is created. which may be enforced
against h sons and which is superior
to the liens of the judgment of their
individual creditors.
t2) Where an oral trust is created
by the promise of the sons at the sick
bed Of their father to convey the
property which descends to them to
their mother after their fathers death,
the subsequent execution Of a con-
veyance will take the transaction out
Of the provisions Of the statutes which
generally require trusts In relation to
real property to be created in writing.
(3) The law refuses lis aid to en-
force agreements creating trusts or
charges upon land when they rest al
together in parol, not because the
trusts IRE therefore void. but because
it will not permit them to be proved
by such evidence. But when a person
who has received the title to such
lands for the benefit of another, al
though not haying declared the fact
trust. it is M the duty Of the court
to deny it's existence, nor can an in
dividuL creditor of such trustee dis
pute the same.
ca The interest which the lien OF
the judgment affects is the actual in
forest, which the debtor has in prop
erty, and a court of equity will always
permit the real owner to show. there
being 10 intervening fraud. that the
is not real, and when the judgment
debtor has no other interest, except
the naked legal title, the lien of the
judgment does not attach.
CD The term created or declared
by operation of law" as found in Sec
ton 1884 Of the Compiled Laws OF
1912. and which exempts from the
iOAAAi C1iiCLI u oApISSoAOu III WElIn6i
the trust so created, includes con-
structive trusts.
(6) Where confidential relations
prevail between the parties to an oral
trust, and the trust is violated. the
law presumes that the influence of
the confidence upon the mind Of the
person who confided was undue. and
a case Of q constructive trust arises.
not. however, on the ground of actual
fraud. but because of the facility for
practicing it, and In such q case
courts Of equity will enforce the
promise to convey ever though il
may not be in writing, as the mere
refusal to carry 1t out is constructive
~ fraudulent. \
C) Constructive trusts are such rs
are raised by equity in respect to
property, which has been acquired by
fraud, Or where though acquired
originally without fraud. it is against
equity that It should be retained by
him who holds it.
(8) Section 1866 of the Compiled
Laws Of 1913, which provides "that