Donahue v. Quackenbush

• Decision Date: 31 July 1895
• Citation: 62 Minn. 132,64 N.W. 141
• Parties: DONAHUE v. QUACKENBUSH.
• Court: Minnesota Supreme Court

62 Minn. 132

64 N.W. 141

DONAHUE

v.QUACKENBUSH.

Supreme Court of Minnesota.

July 31, 1895.

(Syllabus by the Court.)

A receiver, appointed after judgment in an action for a divorce, took possession of all of the property of the defendant therein, with power to control the same, receive the rents and profits thereof, and apply them in payment of alimony, purchased in his own name land so in his possession as receiver at an execution sale thereof. Held that, whatever title he acquired by such sale he held in trust for such defendant, and that the statute did not commence to run against an action to enforce the trust until he repudiated it by conveying the land as his own.

Appeal from district court, Le Sueur county; M. J. Severance, Judge.

Action by Timothy Donahue against Livingstone Quackenbush. From an order sustaining defendant's demurrer, plaintiff appeals. Reversed.

Pfau & Young and C. C. Kolars, for appellant.

Thomas Hessian, for respondent.

START, C. J.

This is an appeal from an order of the district court of the county of Le Sueur sustaining a demurrer to the complaint. The material allegations of the complaintmay be summarized as follows: On April 30, 1886, the plaintiff was the owner in fee of the land described in the complaint, and on that day judgment was rendered against him, at the suit of his wife, in an action by her for a limited divorce, granting the divorce and directing that he pay her as alimony, in monthly installments, $300 a year, the payment whereof was made a specific lien on his land. The plaintiff defaulted in the payment of the alimony, and thereupon such further proceedings were had in the action for divorce that August R. Doescher was by the court appointed receiver of all of the personal and real property of the plaintiff, including the land here in controversy, and directed to enter upon and take possession of the same, and to sequester and receive into his hands all of the rents and profits of all of the lands and goods of the plaintiff, for the purpose of paying such alimony. The receiver accepted the trust, and took possession of the whole of plaintiff's property. At this time, and during all the times hereinafter stated, the plaintiff, by reason of mental weakness, was unable to earn any money to pay such alimony or to support himself, and after his property was so taken from him, and its possession and control vested in the receiver, he had neither the capacity nor the means to protect his property, all of which was at all times known to the receiver and the defendant. The receiver, August R. Doescher, the defendant, and the plaintiff's wife, wrongfully intending to take advantage of the plaintiff's condition and deprive him of his property, conspired and agreed between themselves to take and use the means hereinafter stated to acquire the plaintiff's property and did carry out such agreement as follows: The defendant, in pursuance of such conspiracy, secured an assignment to himself of a judgment against the plaintiff, recovered October 5,...