Weigel requested that the district court declare that Rippley had held the 620 acres of land in constructive trust for her and she further requested that the district court order Rippley and the Rippley children to reconvey to her the remainder of the 620 acres that had not been conveyed to good faith purchasers.
Weigel bases her constructive trust claim on subsection 3 of § 59-01-06, N.D.C.C. She contends that the Rippley children hold the two tracts of land as implied trustees because the land was transferred to them by Rippley in violation of a trust and because they were not good faith purchasers for value.
Weigel has never exercised her right to reacquire the land by repurchase pursuant to the agreement, we cannot say that the land transfers by Rippley to his children in 1972 and 1974 constituted breaches of the confidential relationship between them which would permit a court to impose a constructive trust in favor of Mrs.
Herman begins by noting that projections of the aging process of individuals, from the full powers of maturity to inevitable decay, induce almost every traditional culture to look back longingly to a golden age when things were better ordered, including the human body.
Herman dutifully collates many such cases, although to merit inclusion in his book all of these embittered failures must finally have achieved at least a modicum of fame, if only after their deaths.
But for Herman, Haeckel is simply a bad guy, partly because of his loathing for religion (actually, Haeckel merely detested the infernal certitudes of monotheistic religions) and partly because of his honorary chairmanship of the Society for Racial Hygiene, which advocated eugenics and euthanasia but which was not anti- Semitic.
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