Bodley v. Jones

Terry, Judge,

delivering the opinion of the court:

This is an appeal from a decree of the Court of Chancery impressing a trust in favor of the appellee upon the proceeds of a certain bond and mortgage.

The appellee seeks to enforce an alleged resulting trust. She claims to be the real owner of $3500 invested in a bond and mortgage by William Fortner during his lifetime.

The appellant is Fortner’s executor.

The complainant in her bill alleges, among other things, that William Fortner at the time of his death was the legal owner of a bond and mortgage in the amount of $3500, executed by Royden Caulk…