Calhoun v. Violet

The plaintiff sued to recover a described.piece of land upon the assumption that the defendant held it in trust for him. The prayer of the petition was that the trust be recognized' and the defendant be decreed to make conveyance of the land. A demurrer was interposed, which was sustained by the trial court, and the suit was thereupon dismissed. On appeal to the Supreme Court of the Territory, the action of the trial court was affirmed. The present appeal was then taken, and the issue which arises is this: .Did the court below err in deciding that the petition of the plaintiff did not state a…