Deaton v. Bowling

Opinion op the Court by

Stanley, Commissioner

Affirming.

The plaintiffs, John Deaton and wife, sought to have the court require the defendants, Tucker Bowling and Tom C. Johnson, reconvey certain real estate to them in accordance with an express verbal agreement and for an accounting for timber removed. The court denied any relief upon the evidence and they appeal.

Here the right to recover the property is claimed upon the theory of a constructive trust, although it is not pleaded. There was a sale on May 13, 1940, under a decree enforcing a mortgage for the sum of $4,988.55 on 480 acres owned by…