Doane v. Dunham

Pound, C.

This action was brought to declare a resulting trust in certain lands alleged to have been purchased by appellant and conveyed by his direction to Sylvia A. Doane, his wife, nw deceased, whose heirs at law are defendants and ap*136pellees. The district court, found for the defendants as to the subject-matter of the present appeal, and decreed accordingly.

In our view, but one question is presented, namely, whether the decree is sustained by the evidence. Counsel have argued that the pleadings make a narrower issue than the existence or non-existence of a trust, and merely raise the…