Masino v. Sechrest

The questions to be determined on this appeal relate to the sufficiency of the complaint and the admissibility of evidence. Does the complaint state a cause of action, and did the circuit court commit error in sustaining the respondents’ demurrer to the offer of evidence by appellants and in granting the respondents’ motion to dismiss the complaint ?

Appellants assert the existence of a “constructive trust” favorable to them, arising out of the circumstances under which respondents acquired and now hold the legal title to the real estate involved; and contend that such a trust is raised in…