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PAULSON v. MEINKE

Civ. No. 11082.

389 N.W.2d 798 (1986)

Oscar I. PAULSON, individually and as Personal Representative of the Estate of June R. Paulson, deceased, Plaintiff and Appellant, v. Arthur MEINKE and Ellenora Meinke, as Personal Representatives of the Estate of Claire Paulson, Defendants and Appellees.

Supreme Court of North Dakota.

June 19, 1986.

Attorney(s) appearing for the Case

Leland F. Hagen, of Lee Hagen Law Office, Ltd., Fargo, for plaintiff and appellant.

Lee W. Mosher, Golden Valley, Minn. (argued), and Gerald W. Jukkala, of Hjellum, Weiss, Nerison, Jukkala & Wright, Jamestown, for defendants and appellees.

MESCHKE, Justice.

In well-traveled litigation, we partially reverse the third trial judge's decision. We order an implied trust where unjust enrichment results from transfer of a 295 acre farm and new home to the claimant's brother, now deceased, who only assumed a mortgage balance and who agreed to an "option to repurchase."

In 1981, Oscar and June Paulson sought an implied trust against land in both LaMoure and...

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