Brinkley v. Patton Et Ux.

GIBSON, V. C. J.

(specially concur ring). I agree that this case should be reversed, but I think we should dispose of it by final decree in this court based on the issues and the evidence presented by the record.

In its inception, the arrangement between the parties contained some of the elements of a statutory resulting trust (60 O. S. 1941 § 137); where real property is granted to one, and the consideration paid by another, a trust is presumed to result in favor of the latter. Id. But here, a constructive trust is proper and consistent with the established facts. The parties stand in the same…