Schwartzle v. Dale

Predicated upon the repudiation of an alleged parol agreement to hold described real property in trust for plaintiffs’ predecessors in interest, the complaint prays for restitution. The trial court found that defendant verbally agreed to hold the property in trust but concluded that (a) the alleged cause of action was barred by certain final decrees in probate, and (b) the plaintiffs are estopped by laches to assert their cause of action, and (c) the defendant holds title by adverse possession and payment of taxes during ten years. The appeal is from a judgment for defendant.

By way of…