McQuin v. Rice

VALLÉE, J.

Plaintiff appeals from a minute order granting the defendant’s motion for a judgment of nonsuit at the close of plaintiff’s case in an action in equity against the answering defendant, Martha Lee Rice, as executrix of the estate of Henrietta Clemons, deceased, to establish, after the death of the alleged trustee, a resulting trust in an undivided one-half interest in a parcel of improved real estate.

The gist of plaintiff’s action is found in the allegation of the complaint that plaintiff and the deceased, Henrietta Clemons, while living together as husband and wife between the years…