Norwood v. O'Brien

Ohio Court of Appeals

Norwood v. O'Brien

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

CourtOhio Court of Appeals

DecidedDecember 18, 1939

DocketNo. 5663

StatusPublished

Cited by1 cases

This text of 30 Ohio Law. Abs. 652 (Norwood v. O'Brien) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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