Norwood v. O'Brien
Norwood v. O'Brien
30 Ohio Law. Abs. 652; 1939 Ohio Misc. LEXIS 817
Norwood v. O'Brien
Opinion of the Court
OPINION
Heard on appeal' on law and fact.. Plaintiff seeks to engraft a resulting trust on a deed absolute, by parol evidence.
The law is that a resulting trust maybe proved by parol evidence, but the proof must be clear, certain, and convincing. Harvey v Gardiner, 41 Oh St. 642; Mannix v Purcell, et, 46 Oh St 102; Russell, et v Bruer, et 64 Oh St 1; Boughman v Boughman, 69 Oh St 273.
The evidence in this case fails to meet the requirements under the rule,, and a decree for the dfendants, appellees here, dismissing appellant’s petition, at his costs, will be entered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.