Thomas v. Briggs

This was an action instituted by appellee against appellants, to establish a constructive trust, of which appellee would be declared the beneficiary of certain property owned by one Elva Wallace Thomas at the time of her death, she having died intestate, leaving appellant, Edgar Thomas, her sole heir at law.

The complaint was in one paragraph. Appellants filed separate demurrers to the complaint, all of which were overruled, whereupon appellants filed an answer of general denial, and an answer purporting to allege an estoppel. On motion of the appellee said second paragraph of answer was…