Talbott v. Hogg

PITTS, Chief Justice.

In the language of plaintiffs themselves, who have appealed, “This is a suit to establish an interest under a parol trust and for partition of land situated in Armstrong County, Texas.” A partition of the land depends wholly upon the establishment of plaintiffs’ claimed interest by parol trust.

“Perhaps there is no fact which, in the trial of civil causes, is required to be so satisfactorily proved as that which engrafts a parol trust upon the legal title. 1 Perry on Trusts, sec. 136, and authorities just cited.

“Whilst it is not necessary that it should be “established…