Scheid v. Scheid’s Empirical Analysis

Citation profile

2 federal appellate · 17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““59-01-06. Implied Trust — How created. — An implied trust arises in the following cases: 1. One who wrongfully detains a thing is an implied trustee thereof for the benefit of the owner; 2. One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an implied trustee of the thing gained for the benefit of the person who would otherwise have had it; 3. Each one to whom property is transferred in violation of a trust holds the same as an implied trustee under such trust, unless he purchased it in good faith and for a valuable consideration; 4. When a transfer of real property is made to one person and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.””

   4 later decisions quote this exact passage
   e.g. Hunt v. Pan American Energy, Inc. · McCarney v. Knudsen

2. ““A ‘constructive trust’ is a trust imposed by a court in equity to compel a person who unfairly holds a property interest to convey such interest to the rightful owner. Bogert, Trusts & Trustees (2nd Ed.) § 471 (1960); Note, Implied Trusts in North Dakota, supra 29 N.D.L. Rev. at 59. The court imposes a constructive trust to prevent the unjust enrichment of the person wrongfully interfering with the owner’s possession of the property. Bodding v. Herman, [ 76 N.D. 324 , 35 N.W.2d 561 ] supra at Syll. ¶2; McDonald v. Miller, Syll. ¶ 1, 73 N.D. 474 , 16 N.W.2d 270 (1944).””

   2 later decisions quote this exact passage
   e.g. Loberg v. Alford · Weigel v. Rippley

3. “The evidence to establish an implied trust, however, must be clear and convincing. There must be a satisfactory showing of a wrongful detention of the property, or fraud, undue influence, the violation of a trust, or other wrongful act by virtue of which the party is holding title to property which he should not hold under the rules of equity and good conscience. The evidence must be strong enough to lead to but one conclusion. If the evidence is doubtful or capable of reasonable explanation upon theories other than the existence of a trust it is not sufficient to establish a trust.”

   1 later decision quote this exact passage
   e.g. Hunt v. Pan American Energy, Inc.