Kahm v. Klaus

The opinion of the court was delivered by

Doster, O. J. :

This was an action to declare a trust in land, and to recover the rents and profits of the land from the trustee. Judgment went in favor of the plaintiff on both demands, to reverse which error has been prosecuted. Summarized, the undisputed facts, and likewise those which, although disputed, were of necessity ascertained by the court and included in its *25general finding, were that in 1872 one Mary Urban, then the owner of the land, executed a deed of it to her son in-law, Frederick Kahm, for the consideration of $550. This deed was…