Brooks v. Union Trust & Realty Co.

SMITH, C.

This is a suit to enforce an alleged trust (resulting and constructive) in land conveyed to defendant’s grantors by plaintiffs’ alleged trustee. The findings and judgment were for the defendant; and the plaintiffs’ appeal from an order denying their motion for a new trial. Both parties—with an exception that will be noted—rely on the same deraignment of title, which is as follows:—

1. Judgment in favor of plaintiff Burkhart against Teresa Luhring, of date September 19, 1891, for the sum of $85.85— afterwards assigned to plaintiff Brooks; who was then the wife of Burkhart, but…