Cole v. FOGEL

This is a suit to impress a resulting trust in favor of plaintiff on certain lands which were deeded to the defendant, lone Fogel. Defendants in their answer denied the trust and claimed affirmatively that the deed to lone Fogel was in fact a mortgage to secure a debt, and they sought to foreclose the mortgage. The trial court held that both sides had failed to prove their respective contentions and denied each party the requested relief, and a decree was entered purporting to merge in defendants all legal and equitable estate in the disputed property. Plaintiff appeals from that decree.

The…