Juranek v. Juranek

NOURSE, P. J.

This is an action to impress trusts upon two separate parcels of property. The plaintiffs are respectively the son and wife of Alfred Juranek, whose sister, Christine Nielsen, was joined as a codefendant. Plaintiffs had judgment from which the defendants appeal.

The first cause of action sought to impress a purchase price resulting trust on a specific parcel of land. It was alleged that pursuant to an oral agreement entered into between plaintiffs and defendants, the plaintiff, Vernon Juranek, furnished $800 with which defendants agreed to purchase the property, and that Vernon Juranek was to have the remainder in fee after a joint life estate in Alfred and his wife. It was further alleged that the property was purchased as agreed

[279]

and that a deed was made to Christine Nielsen, who later conveyed it to her co-defendant by a quitclaim deed. The judgment gave the property to Alfred and his wife as joint tenants for life and the remainder in the entire parcel in fee simple to plaintiff Vernon.

The second cause of action was to impress a constructive trust in the nature of a lien on another parcel of land upon allegations that funds were advanced by the plaintiff Vernon under an agreement to pay a. trust deed then on the property and to secure a conveyance to Alfred and his wife as joint tenants for life and the remainder to Vernon. It was alleged that $1200 was advanced for this purpose, that the trust deed was paid, but that no interest was conveyed to either plaintiff. The judgment on this cause of action gave this plaintiff a lien on the property for the sum of $988, which the court found was advanced to defendant.

The facts in evidence briefly stated are that Alfred Juranek and his wife owned a farm in Minnesota which was foreclosed. Thereafter, the son, Vernon, leased the farm and operated it. The personal property and all interests in the farm were then sold by Vernon and $1500 of the proceeds from such sales was sent to Leona Swenston, another member of the same family. This $1500 was later withdrawn upon his order and given to defendant, Christine Nielsen, pursuant to the agreements above set forth. The trial court found that of this sum $988 was used by defendants in payment of the trust deed outstanding upon the second parcel and that $800 was paid by Vernon and used in the purchase of the first parcel, but that no interest was conveyed to either of the plaintiffs.