Marcilliat v. Marcilliat

— The appellant Emile Mareilliat claimed to be the equitable owner of forty acres of land in Perry *473county, the legal title to which had been taken in the name of his father, who died in 1879, leaving the appellant and a brother and sister as his only heirs. The appellant, claiming to have paid the entire purchase-price of the land, and that the title had been taken in the name of his father without any fraudulent intent, in pursuance of an agreement that the latter was to hold it in trust during his lifetime, brought this suit to have the trust declared and the title quieted in him.

The facts,…