Carey v. Callan's
Court of Appeals of Kentucky
Error to the Louisville Chancery Court. Chancery. Case 13. case stated. Parol proof to establish a resulting trust, after great lapse of time, should be clear and explicit. A'devisee of land held in trust, hold subjeet to the trust.
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Error to the Louisville Chancery Court. Chancery. Case 13. case stated. Parol proof to establish a resulting trust, after great lapse of time, should be clear and explicit. A'devisee of land held in trust, hold subjeet to the trust. That the Chancellor on the trial of an issue before the jury, of will or no will, voluntarily instructed the jury upon the law of the case, constitutes no just ground of complaint or ground of reversal, unless the instructions were erroneous# Though instruc-' lions by the Court may be subject to doubt as lo their correctness in point oflaw, yet if the ■verdict is…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
If the sole object of this bill had been to establish^ resulting trust in the estate of John Callan, deceased, in favor of the complainants, his sisters, on the ground that he had expended in its acquisition, some amount of money derived from the estate of their common father, and that he had been aided in preserving and increasing it by the labor and care of his sisters, we should be of opinion, that upon the pleadings and proofs, the complainants had failed in making out a case for relief. The main fact on which the claim is founded, viz: the…
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- Manny v. GlendinningWisconsin Supreme Court · 1861