Carter v. Birnbaum

OPINION

By SKEEL, J.:

This appeal comes to this court on questions of law from a judgment entered for the defendants in the Common Pleas Court of Cuyahoga County.

The action is one seeking to impress a trust on certain property, both real and personal, now claimed by the heirs at law and administrator of the estate of Ella Lumpkin, now deceased. The plaintiff’s petition might also be interpreted as one seeking a declaratory judgment as to the ownership of such property. The judgment was entered for the defendants on the trial of a motion seeking a temporary restraining order in which the Common…