Yamins v. Zeitz

This is a bill in equity in which the plaintiff prays that the defendants be adjudged to be constructive trustees for the benefit of the plaintiff of a certain leasehold, and ordered “to assign, transfer and set over the same to the plaintiff.” Other prayers seeking injunctions and an accounting need not be recited in detail. The case comes before us on the plaintiff’s appeal from the interlocutory decree entered by the judge sustaining the defendants’ demurrer and from the final decree dismissing the bill.

The material allegations of the bill are these: The plaintiff has been actively…