Morris v. Leverett

BERRY, Justice.

Defendants in error, hereafter referred to as plaintiffs or by name, sued plaintiff in error as defendant in the trial court to establish a constructive trust in the estate of J. W. Morris, deceased, by parol evidence. The trial court rendered judgment establishing a trust for plaintiffs’ use and benefit and defendant has appealed.

Actual trial of the case and disposition of the motion for new trial consumed five days time. The evidence relative to every phase of the case is severely conflicting. Much of the argument offered in support of the issues on appeal rests upon the…