Ueltzen v. Roe

The learned trial judge’s opinion contains a thorough and concise statement of the facts disclosed by this record and excellent statements of legal principles. My disagreement with him and the majority lies in what I take to be misapplication of law to the facts and their overlooking certain applicable legal and equitable principles. I am unable to distinguish this case from other decisions of this court which reached a contrary result.

The fundamental basis of appellees’ claim is an alleged parol gift of the land. This is clearly alleged in the complaint and the appellees attempted to make a…