Bealmear v. Smith

From a judgment in favor of defendants after trial before the court without a jury in an action to impress a constructive trust upon certain real property, plaintiffs appeal.

Pleadings: In the complaint plaintiffs allege that they conveyed a described parcel of real property to defendants upon defendants’ oral promise to reconvey the property to plaintiffs upon demand; that plaintiffs had demanded the property be reconveyed to them but that defendants refused to do so and were threatening to sell the property.

Evidence: At the trial defendant Virgil Smith testified that plaintiffs executed and…