Ferguson v. Stokes

LOZIER, Commissioner.

This is an action to determine title to and declare a resulting trust in real estate. Plaintiffs-appellants (herein called plaintiffs) appealed from a judgment sustaining, at the close of plaintiffs’ case, defendant’s motion to dismiss the petition and entering judgment and decree “on the merits in favor of defendant and against plaintiffs.”.

Plaintiffs contend that the trial court erred in dismissing their petition and in rejecting certain evidence offered by them. (In their original brief, plaintiffs also contended that “the judgment is not responsive to' the pleadings…