Smith v. Smith

108 So.2d 761 (1959)

Joe SMITH, Appellant,

v.

Julia Mae SMITH, Appellee.

Supreme Court of Florida.

February 4, 1959.

Edward C. Flood, Bartow and William B. Holland and James McDowell, of Holland & McDowell, Winter Haven, for appellant.

Chas. F. Chastain, of Oxford & Oxford, Lakeland, for appellee.

THORNAL, Justice.

Appellant Joe Smith, who was defendant below, seeks reversal of a decree which established a tenancy in common in certain real estate in favor of appellee Julia Mae Smith.

The only point to determine is whether the evidence supports a constructive trust in favor of the appellee.

In 1947,…