Weitzel v. Felker

Plaintiffs brought this action against the defendants seeking to impress a constructive trust upon certain real property, the record title to which is in the name of the defendants. The plaintiffs also- asked that title to the property be determined to be in plaintiffs and defendants and it being impossible to equitably partition said real estate in kind among the owners that the property be sold and the net proceeds therefrom divided among them.

The trial court determined that a trust exists, that defendants hold the property in trust for all of the parties, both plaintiffs and defendants,…