Philo v. Rought

Pinola, J.,

Plaintiff, who is the widow of William L. Philo, brought a bill in equity against defendant asking that she be declared a trustee of certain real estate acquired by her but paid for with the funds of plaintiff’s husband; in short, that she be declared a resulting trustee.

At the conclusion of plaintiff’s case, counsel for defendant moved for a nonsuit.

Since a nonsuit should only be entered in a clear case where plaintiff cannot recover under any view of the evidence with every doubt resolved against its entry and all inferences drawn most favorably to plaintiff, Shechter v. Shechter…