O'Melia v. Adkins

By appropriate pleading plaintiff sued to impress a trust upon the estate of decedent O’Donnell for the amount of the proceeds he had received from the sale of a property alleged to have, been held in trust by decedent and for the revenues and profits derived from the same property. After trial the court ordered plaintiff to file an amended pleading to conform to the proof and awarded judgment as prayed. Defendant appeals on the grounds (1) that a cause of action was neither alleged nor proved; (2) that the alleged cause of action was barred by laches and by the statutes of limitation.

Facts…