Walters v. . Walters

Ox,auk, C. J.

Tbe plaintiff on 6 Mareb, 1911, executed a deed in fee simple to tbe defendant, bis son, witb full warranties, for tbe land in dispute for tbe recited consideration of $2,000, it being recited in tbe deed that tbe grantee assumed responsibility for a mortgage on said land- due to one Barnes, and agreed to settle on tbe land. The defendant entered into immediate possession of tbe premises and has been in continuous possession thereof ever since, claiming tbe whole in fee simple under said deed.

Tbis action is by tbe plaintiff, claiming tbat there was an oral trust at the time of…