Latshaw v. Latshaw

TOMLIN, Presiding Judge (Western Section).

Deborah Latshaw (“plaintiff”) filed suit against David L. Latshaw (“defendant”) in the Circuit Court for Rhea County seeking a declaratory judgment of that court to establish her rights in certain real and personal property. The trial court treated the suit as one to establish a resulting trust. After declaring plaintiffs rights in the personal property, following a non-jury trial the court found that a resulting trust in favor of plaintiff existed in a one-half undivided interest in a subdivision lot on which defendant had built a residence.…