Citizens Deposit & Trust Co. v. Citizens Deposit & Trust Co.

Opinion by

Parker, J.,

On the foreclosure of a mortgage on real estate the premises sold for more than the debt, interest and costs, so that there was a balance for distribution to the owners of the land sold. The sheriff paid the balance into court and there were two claimants to the fund. The prime question involved is whether the evidence established a resulting trust in favor of the appellant’s decedent. The court below held, we think correctly, that it did not.

It was stipulated that the pertinent matters set forth in a petition, answer and answer to new matter, where not denied, were to be…