Yohe v. Yohe

OPINION

JONES, Chief Justice.

Appellant husband brought this equitable action seeking to set aside a conveyance to his wife, the appellee, of *408his interest in their jointly held residence. The basis of appellant’s claim is that the real estate was conveyed under circumstances which give rise to a constructive trust. At the close of appellant’s case the chancellor entered a compulsory nonsuit. Appellant’s motion to take off the nonsuit was denied,1 2*and this appeal followed.2

A judgment of nonsuit is properly entered if “the plaintiff shall have given no such evidence as in law is sufficient to…