Giese v. Terry

The plaintiffs, Gilbert S. Giese, Orville E. Hodge, and Clement Bothman, as trustees, and individually, together with forty-two others, filed their complaint in the circuit court of Madison county against the defendants, C. W. Terry and George D. Burroughs, seeking the declaration of a constructive trust in favor of plaintiffs as to an improved parcel of real estate. Defendants’ motion to dismiss the original complaint and an additional count was sustained, and a decree was entered dismissing the action. Plaintiffs prosecute a direct appeal, a freehold being necessarily involved.

Determination…