Winfree v. Dearth

Maxwell, Judge:

This is a suit to establish an express parol trust in real estate in favor of the grantor in a deed. A statute of this state, Code 36-1-4, provides that if a conveyance of land, not fraudulent, is made to one in trust for either the grantor or a third person, such trust may be enforced, though it be not disclosed on the face of the conveyance, nor evidenced by a writing.

The plaintiff, Virgie A. Winfree, was the grantor; and B. H. Dearth, the principal defendant, was the grantee of the property involved. The other defendant, Rose-mond Dearth, is the wife of the principal…