Lipe v. Souther

This is a suit on appeal from the Chancery Court of Quitman County to impress a constructive trust upon certain lands in Quitman County which were conveyed to appellee Phyllis Lipe Souther by her mother and father, T. E. and Carrie Lipe, in a deed dated May 5, 1940. The bill is not based upon fraud or undue influence. It is grounded upon an alleged oral agreement by the grantee Phyllis Souther, with her two brothers, Roy E. Lipe, Sr. and Carl Lipe, and with the grantors, that she would hold one-half of the property in trust for her brother, Roy E. Lipe, Sr., and upon an alleged confidential…