Leonard v. Counts

H. Lyman Counts filed a bill of complaint in the trial court against Robert L. Leonard and Betty J. Leonard, his wife, to establish a constructive trust in a parcel of land and to require the Leonards to convey the parcel to him. After hearing the evidence ore terms, the chancellor ruled that the Leonards held the parcel as constructive trustees for Counts, and by final decree entered August 1, 1978, ordered them to deliver a deed conveying title to him. On appeal, the Leonards contend that the chancellor’s ruling is not supported by the clear and convincing evidence required to establish a…