Criss v. Bitzegaio

CHIPMAN, Judge.

This action was brought by plaintiff-ap-pellee Harold J. Bitzegaio to establish a resulting trust over certain real estate located in Vigo County, Indiana. The trial court granted Bitzegaio’s motion for summary judgment and ordered defendants to convey an undivided one-third interest in the property to plaintiff. Defendants appeal, raising the following issue for our review:1 whether the facts established by the pleadings and affidavits support the finding of a resulting trust in favor of Bitzegaio.

Reversed.

The trial court found that in November or December of 1948, Harold…