McCrory v. Evans

This is an appeal from a judgment in partition. The principal question presented relates to the existence of an alleged resulting trust.

Plaintiff, Willie Evans, sued defendant R. F. McCrory and others, whose interests are not here material, for the partition of 230 acres of land in Carter county, in which he alleged he owned a seven-eighths interest and the defendant a one-eighth interest.

Defendant McCrory, by answer and cross-petition, admitted that plaintiff held legal title to the seven-eighths interest, but alleged that he held it merely as trustee for defendant by reason of an oral…