Hansen v. Ohman
Opinion of the Court
The appellant, in her complaint against the appellees, alleged that in 1914 she was the owner of a house in Cordova, which stood upon land not yet subdivided into lots; that about October, 1914, the appellee, Albert Ohman, the nephew- of Oscar Ohman, made his home with her; that in October, 1915, when the appellant was about to depart for an extended visit to Minnesota, she entered into an agreement with Albert, in which he promised to occupy said house during her absence and use the household furniture therein and take care of the same, and that upon the subdivision of said land he would purchase for her the lot on which the house stood; that in 1917 the land was subdivided and the land occupied by her house became lot 4 in block 2, Railway addition; that in January, 1919, said lot was purchased by the appellees in their joint names for the consideration of $100, of which fact she was uninformed until after her return to Cordova in December, 1922; that in July, 1923, the appellees forcibly ejected her fróm the house; that the household furniture therein, which they had used and occupied, was worn out, destroyed, or carried away, to her damage in the sum of $500. She prayed that the appellees be adjudged to hold the title to said lot in trust for her, that they be required to deed the same to her, that the amount they paid therefor be deducted from the damages which she sustained, and, in case the court found it inequitable to decree said lot to her, that she have judgment against the appellees for $1,000, the value of her house so appropriated, and for such other relief as might pertain to equity. Upon the testimony judgment was entered against the appellant and for the appellees for their costs and disbursements.
Upon the testimony, which we have carefully considered, we find no error, in that the judgment failed to award the
There can be no question but that in justice and equity the appellant is entitled to a judgment against the appellees for the value of her house which they moved upon the lots which they purchased, and for their use and appropriation of her personal property and the loss and destruction of a portion thereof. The evidence is conflicting as to the value of the house. It seems clear that the appellant overestimates it and that the appellees underestimate it. As to the value of the personal property, no estimate is made by any witness. Our conclusion is that the appellant is entitled to a judgment for the sum of $200 and her costs and disbursements.
The judgment is reversed, and the cause remanded, with instruction to enter a judgment as hereinabove indicated.
Reference
- Full Case Name
- HANSEN v. OHMAN
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- Published