Hoheimer v. Hoheimer

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals affirming a judgment by the circuit court which denied a partition of real estate.

The questions presented are whether extrinsic evidence can be used to vary the terms of an unambiguous deed; whether a resulting trust can be implied from a voluntary conveyance in the absence of an expression of intent and whether the finding by the trial court was clearly erroneous.

This matter involves a family dispute between a daughter and her parents over the ownership of a farm known as “The McCoughtery Farm .” The daughter, who…