Herthel v. Barth

The opinion of the court was delivered by

Wedell, J.:

This action was brought to obtain a decree to impress land with a constructive trust in favor of the plaintiff, which trust was alleged to have grown out of and to have been created by reason of defendants’ fraudulent representations and fraudulent oral agreement to convey title to the land and the breach of that agreement. A general demurrer to the petition was sustained, and from that ruling plaintiff appeals.

The amended petition in substance alleged: Plaintiff’s residence is Claflin, Barton county, Kansas, and defendants are residents of…