Norwood v. O'Brien

Ohio Court of Appeals

Norwood v. O'Brien

30 Ohio Law. Abs. 652, 1939 Ohio Misc. LEXIS 817

Ohio Court of Appeals·Decided December 18, 1939·No. No. 5663·Published·Cited by 1 cases

Opinion

OPINION

BY THE COURT:

Heard on appeal' on law and fact.. Plaintiff seeks to engraft a resulting trust on a deed absolute, by parol evidence.

The law is that a resulting trust maybe proved by parol evidence, but the proof must be clear, certain, and convincing. Harvey v Gardiner, 41 Oh St. 642; Mannix v Purcell, et, 46 Oh St 102; Russell, et v Bruer, et 64 Oh St 1; Boughman v Boughman, 69 Oh St 273.

The evidence in this case fails to meet the requirements under the rule,, and a decree for the dfendants, appellees here, dismissing appellant’s petition, at his costs, will be entered.

HAMILTON, PJ., MATTHEWS & ROSS, JJ., concur.

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OPINION

BY THE COURT:

Heard on appeal' on law and fact.. Plaintiff seeks to engraft a resulting trust on a deed absolute, by parol evidence.

The law is that a resulting trust maybe proved by parol evidence, but the proof must be clear, certain, and convincing. Harvey v Gardiner, 41 Oh St. 642; Mannix v Purcell, et, 46 Oh St 102; Russell, et v Bruer, et 64 Oh St 1; Boughman v Boughman, 69 Oh St 273.

The evidence in this case fails to meet the requirements under the rule,, and a decree for the dfendants, appellees here, dismissing appellant’s petition, at his costs, will be entered.

HAMILTON, PJ., MATTHEWS & ROSS, JJ., concur.

Norwood v. O'Brien, 30 Ohio Law. Abs. 652, 1939 Ohio Misc. LEXIS 817 (Ohio Ct. App. 1939).

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Opinion

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