Williams v. Thomas

Wyatt, Justice.

(After stating the foregoing facts.) The controlling question for determination is whether the -evidence was sufficient to establish a resulting trust in favor of the defendant Thomas. The evidence relied upon to establish a resulting trust shows the following material facts: On May 1, 1928, the defendant Thomas, as executor of the will of his father, sold the property in question at public outcry, and one Holden, acting for Thomas, bid in the property. Thomas, as executor, executed to Holden a deed. Thomas paid from his own funds the entire purchase-price of the property,…