Clark v. Griffon

Almand, Justice.

We construe the petition as amended as being an action seeking to have equity declare that the defendant holds title to the property in question in trust for the benefit of the plaintiff,'under the provisions of Code §§ 108-106 (1), 108-107. The petition does not set forth any allegations of fraud on the part of the defendant, nor charge that the plaintiff was induced to execute the deed upon any fraudulent misrepresentations of fact by the defendant, nor that the defendant made any promise to induce the execution of the deed, which he had no intention to keep; and therefore…