Rodriguez v. Vallejo

SMITH, Chief Justice.

This is an action in trespass to try title. The principal question is whether, under a petition restricted to the formal allegations prescribed in Art. 7366, R.S. 1925 (now Rule 783, Rules of Practice and Procedure in Civil Actions effective September 1, 1941) and an answer of “not guilty” (Art. 7372, now Rule 789), the plaintiff may prove and recover (from the owner of the apparent legal title) upon an equitable title based upon a resulting trust, without specially pleading such title, or the facts constituting the trust.

Much has been written upon this question, and…