Duncan v. Lum

The bill is filed by a trustee in bankruptcy to enforce a constructive trust in certain real estate owned by the bankrupt’s wife, the allegation being that a part of the purchase money therefor, and much valuable improvement, were paid for with the bankrupt’s money as a mere gift to the wife, while he was indebted to the American Trust & Savings Bank, and that $1,000 of that original debt still remains. The appeal is by the complainant trustee from a decree denying relief and dismissing the bill of complaint. The bill shows that in October, 1905, the-bankrupt, Lum, became indebted to said…