ZUNDEL v. ZUNDEL

Civ. No. 9531.

278 N.W.2d 123 (1979)

Edwin ZUNDEL, Plaintiff and Appellee, v. Joseph M. ZUNDEL, Defendant and Appellant, and Elmer J. Zundel, Minnie Rossetti, Albert C. Zundel, Esther L. Shaw, August A. Zundel, Leslie Zundel, Deceased, and all persons unknown claiming any estate in, or lien or encumbrance upon, the property described in the Complaint, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied April 24, 1979.


Attorney(s) appearing for the Case

Roy A. Holand, LaMoure, for defendant and appellant.

Lashkowitz Law Offices, Fargo, for plaintiff and appellee; argued by Senior Law Student William Kennelly and Herschel I. Lashkowitz.


SAND, Justice.

Edwin Zundel brought an action in LaMoure County District Court seeking the imposition of an implied trust over certain lands of which his brother, Joseph Zundel, has been the record title owner. Edwin contended the real estate was purchased in 1941 under a contract for deed in which Joe was named as vendee, but that the purchase price was paid by their mother, Justina, now deceased. The district court determined Joe held the realty in trust and ordered...

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