Minnesota Reports (Volume 64) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1897. Excerpt: ... not attack the grantor's disposition of the property, unless the same is in fraud of creditors. Pillsbury-Washburn F. M. Co. v. Kistler, 53 Minn. 123, 54 N. W. 1063. But in the case at bar it does not appear from the complaint that any contract, whether verbal or written, was ever made whereby the grantor reserved any interest in the property conveyed by him. The allegation that he "is still the real owner" of said "real estate," and "that the same is now simply held * * * in trust for him," "and for his use and benefit," are, under the circumstances, mere conclusions of law. CHARLES J. BERRYHILL v. WILLIAM C. RESSER and Another.i May 21, 1896. Nos. 9957--(126). Estoppel in Pais. B., as attorney for R. & D., obtained a judgment against C. for a large sum. The judgment and attorney's services not being paid, all of the parties met, and made a settlement, whereby R. agreed to satisfy his half interest In the judgment by accepting from C, In payment therefor, a much less sum than the face value of his Interest, and C. promised to pay B. the share of his attorney's fees against R., which B. agreed to accept In lieu of R.'s indebtedness to him. R. performed his part of the terms of the settlement, and C. paid him his half of the judgment, less the discount. Held, that whether there were all of the essential requisites of a novation of parties was immaterial; that B., by his conduct and agreement, was estopped from maintaining an action against R. for his services. Appeal by plaintiff from a judgment of the district court for Ramsey county, in favor of defendant Resser, entered in pursuance of the findings and order of Kelly, J. Affirmed. Cyrus J. Thompson and Charles J. Berryhitt, for appellant. Ira B. Mills, for respondent. BUCK, J. This action was brought to recover for professional se...