Second Natl. Bank v. Hoblit

ALLREAD, PJ

This finding of fact by the trial court is amply sustained by the evidence in the case. It has been uniformly held in this state that property delivered by a wife to a husband, or vice versa, can always be declared a trust in the absence of positive evidence that the property was transferred for valuable consideration, or given as a gift. Newton v Taylor, 32 Oh St 399; Bechtol v Ewing, Adm’r, 89 Oh St 53; 105 N. E. 72, L. R. A. 1917E, 279, Ann. Cas. 19150, 1183; Richards v Parsons, 7 Oh Ap 422; Stickney v Stickney, 131 U. S. 227, 9 S. Ct. 677, 33 L. Ed. 136. The following citations…