Gethsemane Lutheran Church v. Leo J. Zacho

This case originally was commenced as a suit for specific performance of a contract to purchase some 22 acres of land in Ramsey
County. Defendant George T. Zacho, by a third-party complaint, brought the Lutheran High School Association of Greater St.
Paul, a corporation (which will be referred to hereinafter as the association), and Paul M. Krause into the action and sought
reformation of the contract. Thereafter, Victoria Johnson and June Brasted were permitted to intervene in the action. The
court granted summary judgment for plaintiff in the action to quiet title on the ground that no genuine issue of fact was
in dispute, and, after a trial, intervenors' action was dismissed on the ground that they had no capacity to sue. Separate
appeals have been taken by George T. Zacho and intervenors. To test the propriety of the order granting summary judgment, it must be assumed that the facts alleged by George T. Zacho
are true and can be proved upon trial. He alleges that his mother, Margaret Zacho, was the owner of the property involved
in this action and other real estate. She was somewhat incapacitated, and it was difficult for her to get around, so on December
4, 1948, she conveyed the property she owned to her son Leo J. Zacho solely for the purpose of facilitating the easy conveyance
of such property as parcels thereof were sold. The deed to Leo J. Zacho was absolute on its face and did not show that he
was acting as agent or trustee for Margaret Zacho.