Kuhn v. Zepp

Judging from the petition, this ease may be an action to define and adjudicate title to real estate under Sec. 1684, 1 or it may be a suit in equity to establish an implied trust 2 in the land, for the petition alleges a conveyance on a trust and prays an accounting of rents and profits. The answer in the main is a general denial coupled with affirmative pleas of ownership, estoppel and laches. At any rate the suit was tried to the court without a jury, and under Sec. 114(d) of the Civil Code, 3 is to be treated as of an equitable nature, calling for an appellate review upon both the law and…