Fuschi v. Vir Den

This is an action to impress and enforce an alleged resulting trust in real property. Findings and judgment were in favor of defendants, and plaintiffs have appealed from the judgment.

In May, 1946, plaintiffs and Louise Vir Den, now deceased, entered into negotiations with Mr. and Mrs. Matlin for the purchase of real property. They reached an agreement that the Matlin property would be purchased for $14,000 payable $8,000 in cash, the remaining $6,000 to be secured by mortgage or trust deed payable at the rate of $60 a month. Defendant Leon Vir Den was not present at the time. A cash payment…