Maddox v. Maddox

Plaintiffs brought this action in equity seeking to have the trial court declare and enforce a constructive trust with relation to a one-fifth interest in the estate of Wesley H. Maddox, deceased. The trial court found generally for plaintiffs and against defendants, who *628appealed, assigning as error that the judgment was contrary to the law and the evidence. We conclude that the assignments should not be sustained.

It is elementary in this jurisdiction that: “Actions in equity, on appeal to this court, are triable de novo in conformity with section 25-1925, R. S. 1943, subject, however, to the…