Fuller v. Fuller

ROSE, Justice.

This appeal is from a trial to the court and concerns allegations of the plaintiff-appellant, Dorothy Fuller, that she transferred title to 20 acres of real property to her son and daughter-in-law, defendants-appel-lees, under an oral agreement that they were to return title to her after certain loans had been made and repaid, utilizing the property as security. The record shows the appellees have failed and refuse to re-transfer the land.

The appellant urges the existence of an oral trust which has failed and, in the alternative, that the court impose a constructive trust…