Clemmons v. Moore

Opinion by

Judge Peters :

To establish a parol trust, the facts constituting such a trust should be specifically • and clearly set forth in the petition, and if denied *293should be proved with great certainty. In this case the evidence is very conflicting; and if it does not preponderate against the appellant, it falls far short of the clearness and certainty which in such cases is required to authorize judicial action.

James Ricketts, for appellant. J. C. Thompson, for appellee.

Several business transactions transpired between these parties after the alleged agreement to hold the land by Moore for…