Brown v. Dwelley
Brown v. Dwelley
Opinion of the Court
The opinion of the Court was drawn up by
None of the material allegations in the plaintiff’s bill are controverted by the defendants. On the contrary, so far as the defendants have knowledge, they are expressly admitted. From the bill and answers, it appears that David B. Brown, in his life time, purchased the land described in the plaintiff’s bill, and took a deed thereof in his own name, but paid therefor with the money furnished for that purpose by the plaintiff. From these facts, a trust resulted by implication of law, in favor of the plaintiff.
As neither of these parties contest the truth or equity of the plaintiff’s claim, but, so far as they have knowledge, expressly admit the same, we can perceive no reason why the prayer of the bill should not be granted.
The case is, therefore, remitted to the County Court, where a decree will be entered, directing the defendants to convey the land described, by deed of quit claim, according to the prayer of the plaintiff’s bill, but without costs to the defendants, who are in no fault.
Reference
- Full Case Name
- Jesse B. Brown, in Equity, versus Frances U. Dwelley & al.
- Status
- Published