Fleenor v. Hensley
Court of Appeals of Virginia
Appeal from a decree of the Circuit Court of Scott county. Decree for complainant. Defendant appeals. STATEMENT OF THE CASE AND FACTS. This is a suit in equity by the appellee, Eliza Hensley, to enforce against the appellant an express trust, created by parol agreement, in a certain tract of land described in the bill by definite metes and bounds, said to contain about 75 acres.
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Appeal from a decree of the Circuit Court of Scott county. Decree for complainant. Defendant appeals. STATEMENT OF THE CASE AND FACTS. This is a suit in equity by the appellee, Eliza Hensley, to enforce against the appellant an express trust, created by parol agreement, in a certain tract of land described in the bill by definite metes and bounds, said to contain about 75 acres. The evidence is conflicting, but the preponderance of proof establishes the following facts: The legal title to said land, along with other land, together aggregating some 400 acres, was at one time vested in one W.…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, deliw ered the opinion of the court.
The question of the validity of express trusts m real estate, created by parol, which was long an open one in this State, is now settled in their favor. Young v. Holland, 117 Va. 433, 84 S. E. 637.
It is true the declaration must be unequivocal and explicit and established by clear and convincing testimony. Taylor v. Delaney, 118 Va. 203, 86 S. E. 831. As appears from the statement of facts above, however, the evidence in the case before us measures up to this rule.
It is urged in behalf of appellant that in…
2Cases cited13 opinions
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
- Young v. HollandSupreme Court of Virginia · 1915
- Bath Savings Institution v. HathornSupreme Judicial Court of Maine · 1895
- Gregory v. PeoplesSupreme Court of Virginia · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Russell's Ex'rs v. PassmoreSupreme Court of Virginia · 1920
- Rogers v. RogersTexas Commission of Appeals · 1922
- Hook v. HookSupreme Court of Virginia · 1919
- Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
- American Surety Co. v. HannahSupreme Court of Virginia · 1925
13 more not listed; retrieve them via the Exa API.